On The Adjustment Of Scope And Order Of The Statutory Successors In China

Inheritance divided into two parts,the statutory succession and testamentary succession in our country,because people is generally not used will,therefore inheritance is given priority to with statutory succession.In the statutory succession,the scope of the statutory successors and sequence is its core content.Since our country\ "inheritance law\" since the implementation of 32 years,great changes have taken place in social and economic life in China,people’s living standard is increasing day by day,the heritage number increasing,increase of the types of heritage.At the same time,our country greatly reduced family size of population,pension pressure increase,some changes have taken place in people inherit the idea also.Current\ "inheritance law\" provisions on legal heir scope and sequence can not meet the need of social reality in China,highlights the heir apparent scope too narrow and the order is not reasonable,and many other problems.So it is necessary for our country’s legal heir of the scientific and reasonable to adjust the scope and sequence,to alleviate the pressure of the our country social endowment,meet the requirements of China’s traditional filial piety,and make the citizen’s heritage better go down.Through the comparative study on Japan,the United States and Hong Kong,Macao and Taiwan regions in our country legislation on the scope of the statutory successors and sequence,thus the Japan,the United States and Hong Kong,Macao and Taiwan regions of the scope of legal heirs in our country are more extensive,also will be lineal relative low relative priority inheritance order in lineal relatives,and in addition to theMacao region in our country also will be spouses as no fixed order heir apparent.To fully protect the right of citizens to inherit private property in our country,can draw lessons from Japan,the United States and the advantages of Hong Kong,Macao and Taiwan regions related legislation in our country,the scope of legal heirs in China and adjust the order.Can consider to take the following measures: extended scope of legal heirs in our country,to expand the scope of the statutory successors to the third degree of consanguinity,including children,uncles nephew,nephew Gu Jiu aunts.At the same time to adjust the order of the statutory successors,legal heir can be divided into five order,and your spouse as a special order heir apparent,not only ensure the spouse inheritance,and then the sequence of legal heirs to participate in succession.