A System Of Legislation To Build The Theory Of Heritage

The deduction of the prototype heritage in Babylon,developed in ancient Rome period and are still in use?This paper is a study on whether the system is suitable for the construction of the deduction system in our country.On the basis of the research,the author puts forward some legislative suggestions on the construction of the system of deduction in our country.China's "Inheritance Law" only provides for the same succession sequence of human inheritance share should be equal in general and in the case of unequal distribution of heritage.However,this provision can not really solve the problem of equality among heirs.Based on the pursuit of the principle of fairness,this paper puts forward the construction of the system of compensation to make up for the defects of the inheritance law.Although some scholars believe that the deduction and autonomy,ownership of conflict so opposed to the construction of the system,according to the deduction for the premise and content of the detailed specifications,these conflicts can be resolved.In addition to our existing similar folk collatio heritage distribution system used,and now the rapid development of economy,the improvement of living standards,private property increased sharply,now have the construction of collatio system based.In order to solve the problem of fairness among the successors,maintain family harmony and social stability,it is very necessary to set up the system of inheritance.In this paper,the author analyzes the feasibility and necessity of the construction of the system of deduction in our country,and the conception of the blueprint for the deduction system of our country.The first part of this paper introduces the historical origin and development of the system.This paper analyzes the relationship between the system of deduction and the special share system in our country,and argues that there is no contradiction between the two systems,The inheritance law of our country should not only establish the system of deduction,but also retain the special share system.The second part analyzes the reasons of the lack of the deduction system in the current inheritance law of our country.This paper expounds the reasons why the academic circles oppose the deduction system.The third part introduces the mature experience of Germany,France,Italy and the United States on the legislation of the deduction system.Through the comparative analysis,the author finds out the important enlightenment to the construction of the system of deduction in our country.The fourth part demonstrates the feasibility of constructing the system of inheritance in our country from the angle of jurisprudence.The last part is the legislative ideas of the construction of the system of the inheritance and deduction,and puts forward some legislative proposals from the aspects of the premise,content and the way of the deduction.