On The Establishment Of Hotchpot System In Chinese Mainland

Hotchpot refers to a kind of system,unless the deceased has contrary intention,when participating in heritage,the statutory heirs shall place into hotchpot special gift received from the deceased during his or her lifetime,the value of special gift or the original substance agreed by whole statutory heirs must be added into the decedent's existing heritage for calculating the total amount of heritage,so as to calculate the share of heritage,and then make it minus the price of the gift,the heirs succeed the difference.The function of Hotchpot is to maintain the fairness among co-heirs so that they can split the heritage equally,ultimately safeguard the social stability. In Roman Law system,the property joining system is the direct origin to Hotchpot,Leo emperor enacts the property joining system applicable to the subrogated successors of the decedent,which expands the obligor subjected to hotchpot to all direct lineal descendants of the deceased obtaining the special gift.Till Justinian Age,New Law expands the applicable field from statutory succession to testamentary succession.When the deceased objects hotchpot,the obligor is not subject to hotchpot.At that moment,the ways of hotchpot are popular with substance and price deduction.Hotchpot represents the idea of fairness,which makes significant difference in revising civil code of most countries or districts.Nowadays,most countries or areas have established the Hotchpot system.However,Chinese Mainland does not do that,which is indeed a pity in the course of the rule of inheritance law.Since the reform and opening-up,the economy of China has got the fast development,the current inheritance law in Chinese Mainland has been implemented more than 30 years, its simpleness and principles already can not satisfy the actual needs of China's national conditions,the change of the inheritance law has been on the agenda,many new system will be introduced in it, lots of experts and scholars propose to introduce the Hotchpot system,Chinese Mainland has the legal and social base for implementation of Hotchpot, the folk also already had the usual practice of Hotchpot,The Hotchpot system has had the survival soil.This article embarks from the actual case, and leads to relevant legal issues of Hocthpot, through the discussion of basic theory and the comparison of Hotchpot system from part of the civil law countries or areas at home and abroad,and sheds light on the significance of Hotchpot and constucts the basics for Hotchpot,and finally, puts forward legislative principles, some legislative ideas of Hotchpot system and proposals on legislation, in order to make little contribution to the current inheritance law in Chinese Mainland for introducing into Hotchpot system.In this paper,besides introduction and conclusion, the main content is divided into five parts as follows:The first part is "the issues raised." Starts from real case, asks questions, leads to legal issues related to Hotchpot.The second part is "the discussion of basic theory of Hotchpot." By exploring the connotation,origin,development,legal value of the Hotchpot, so as to get the preliminary understanding and recognizition of Hotchpot.The third part is " Current legislation and comparative study of Hotchpot system at home and abroad." Through analysis of the legislative status of Hotchpot of some foreign countries and Macao and Taiwan districts in China, and the comparitive study of scope,subject,object,implementation,exemption of Hotchpot,to understand the status of legislation,similarities and differences of Hotchpot, and to better use for reference the beneficial experience of legislation.The fourth part is "the significance and foundation of Hotchpot system established in Chinese Mainland." Through the national statistical data and domestic scholars' survey results on people's inheritance custom,to construct the significance of Hotchpot system established in Chinese Mainland,and the jurisprudential basis,economic foundation,traditional basis and people's inherit habits for implementing it.The fifth part is "the Construction of Hotchpot system in Chinese Mainland." Learns from beneficial legislative experience in some civil law countries and Macao and Taiwan districts in China,combines with views and draft legislative proposals from Chinese scholars, according to China's national conditions and people's inheritance custom, to puts forward legislative principles,legislative ideas and legislative proposals for establishing Hotchpot system in Chinese Mainland.