| Along with the increase of percentage of the aged population in China,and the speeding up of population aging,the social insurance and the whole society are facing with unprecedented large stress in providing for the aged.At the same time,more and more new modes of providing for the aged come to the fore like bamboo shoots after a spring rain,accompanying with the increase of wealth and transformation of living mode,driving China into a new era of diversified modes of providing for the aged in a short period.2The legacy-support agreement system is an integral legal system of China “Inheritance Law”,which was originated from the the “Five Guarantees” system,acting as an important role in providing for the aged and helping the disadvantaged.It is of great significance in providing the aged,relieving the burden of the nation and society,and stabilizing the society.Along with the change and evolution of times,the simple regulations for the legacy-support agreement system in the "Inheritance Law of the P.R.C." have fallen behind,bringing a lot of obstacles in the application of that system in juridical practices,and being incapable to solve the disputes between natural persons regarding supporting the aged.The legislation for legacy-support agreement should be improved to better realize its legislative values.Starting from juridical practices,this paper intends to analyze and conclude the connotations and legal characteristics of legacy-support agreement,and sorts out and discusses existing legal problems in the system of legacy-support arrange in China,thus to offer suggestions for improvement in related to relevant problems.Except the introduction,this paper is divided into five parts with about 33,000 words.The first part is the raise of the problems.In this part,based on typical cases,problems which are controversial in juridical practice for legacy-support agreement such as subject scope,the performance of agreed obligations,and the cause of termination are put forward for further discussion.The second part is the basic theoretical review for the legacy-support agreement system in China.Firstly,by comparison and analysis of related concepts such as legacy-support agreement,support agreement and inheritance contract,this paper sums up and concludes the characteristics and values of the legacy-support agreement system,thus to deepen the understanding for the legacy-support agreement system and lay a theoretical foundation for further study later.The third part is the status quo and insufficiencies of the legislation and juridical practices of the legacy-support agreement system in China.This part firstly sums up and concludes the status quo of legislation and juridical practices of the legacy-support agreement system in China.From that,we find following insufficiencies: due to the exclusion of the legal heir from the subject scope of legacy-support agreement,the subject scope is relatively narrow;current formal requirements need to be improved;lack of supervision on the performance of the agreed obligations between the parties;and the termination system of the agreement is not perfect.The author intends to lay a foundation for providing suggestions on improvement later by sorting out the insufficiencies of current legislation,analyzing the causes and identifying the direction of problem solving.The fourth part discusses about the improvement of the legacy-support agreement system in China.Based on the insufficiencies discussed above,this part suggests improvement of the current legacy-support agreement system through measures: properly expanding the subject scope of the legacy-support agreement,perfecting the formal requirements of the legacy-support agreement;establishing supervision system for the performance of obligations agreed in legacy-support agreement;and adding termination system for the legacy-support agreement system in China. |
PDF Full Text Request