| On a basis of mass data collection and private survey for this paper,we will analyze our national laws and regulations related to legal heir scope and order in our existing Law of Succession from multiple perspectives,and put forward my own ideas and opinions.The scope of legal heir is properly expanded,while the order of legal heir is significantly adjusted,so that we summarize and confirm three principles in scope and order of legal heir: First,among each order of the legal succession,only one subject of inheritor will be decided;second,against the issue of scope confirmation of legal heir,the past method that only kinship is considered has been changed,but to adopt the method of combination with kinship and parentelic system;third,while deciding the order of legal heir,we shall follow the rules of nature first to help descendente to enjoy the preferential inheritance,and ascendants and other collateral relatives shall rank subsequently.This paper is divided into five parts.The first part is introduction,describing three issues.First,we will discuss the concept of main concepts of legal inheritance scope and order in Law of Succession;and then we will discuss the research trends of legislation in legal heir scope and order;finally,we will talk about the innovation points of legal inheritance scope and order in this part.In the second part,we will introduce the influence factors and principles of determining the scope and order of legal heir.There are two factors influencing the scope and order of legal inheritance: One is the production mode and level of that time,and the other one is the traditional culture and customs of this nation.Depending on the development process of human history,we elaborate the contents from national inheritance to patriarchal clan inheritance and then to family inheritance.Besides in this part,we also discuss the principles of determining the scope of legal heir,including marital relations,blood relations and maintenance relations.However in theLaw of Successionof various countries in the world,only minority of them adopt above three factors as the principle of determining the scope of legal heir,including the existing Law of Succession of our country;but,most countries only select the first two factors.In the third part,we will give a brief introduction of the historical development process of the scope and order of our national legal inheritance;then,we analyze the scope and order of legal inheritance in our national Law of Succession(1985);we will give introduction and analysis about judiciary situations of our national Law of Succession again;finally,we will raise those major problems existing in scope and order of legal heir in our national Law of Succession.The fourth part will make investigations about the scope and order of legal inheritance in overseas countries and areas,including Russia,Japan,England,America,South Korea and Chinese Taiwan.The fifth part is the emphasis of this paper,including suggestions of improving legislations of our national legal inheritance system.We put forward three fundamental suggestions specific schemes for determining the scope and order of legal heir. |
