Research On The Legal System Of Inheritance Deduction

Heritage deduction system long-standing,the system first appeared in Babylon‘code of Hammurabi',in ancient Rome period of rapid development,now is still used by most of the countries in the world.The system of inheritance is a legal system which will be inherited by the special gift of the heir in his life before his legal succession.The original intention of the system design is to maintain the balance between the interests of family members in order to pursue the fairness and justice in the inheritance.In fact,in our country rural inheritance habit,substance heritage collatio system has been demonstrated and application of comprehensive,in intestate succession at the beginning of the decedent prior to the gift of the heir or less part of the estate are widely used.China's current inheritance law does not include the system.China's current law of succession since the enactment of the implementation,for it has been thirty years,it should be recognized that the initial implementation stage adapted to the social long-term scarcity of economic level,for the liberation of the early heritage distribution of relatively simple family relations has played an important role in indelible.But it is undeniable that the current inheritance law is established in the planned economy under the background of ‘poor'and ‘Inheritance Law',after thirty years of rapid development of social politics,economy and culture,has formed the socialist market economic system of our country,people's common prosperity,family property increased,enhance people's private right idea,occurrence the profound changes in family relations,kinship,inheritance relationships become more complex,the current‘Inheritance Law' has been unable to meet and adapt to the needs of social and economic life,limiting the further play inheritance system adjustment function,‘following the revision of the law' the imperative.In the revised ‘law of succession'while the introduction of traditional folk customs,with China to maintain the heirs inheritance equality interest deduction is also logical heritage.Of course,although now the world has mature legislation,but the legacy of deduction system applied in China's localization,still need to be combined with China's social economic and cultural level of the whole legal system,construct our country traditional folk customs and heritage deduction system.As a part of the whole civil law system,the principle of equality and equality is the basic principle to follow.Heritage deduction system aims to achieve the decedent heritage fair distribution between the common successor period to maintain the family ethical relations good,consistent with the fundamental principles of the civil law system of fairness and equality,the necessity of its existence,its conflict with the related system is not irreconcilable contradictions.In our country,it is necessary to establish the legal system of inheritance in the process of inheritance,in order to achieve fairness and justice among family members.