Study On Discretionary Heritage Distribution System In Inheritance Law In China

China's "Inheritance Law" legal inheritance system is provided in the part of a special,different from the right of inheritance inheritance rights,as appropriate share of the estate right,which is the statutory succession process,as a supplement to legal inheritance system,with the decedent formed by the decedent dependents or dependents,can apply for to enjoy part of the estate.However,the provisions of the current law are very general,which makes it difficult to operate in practice.In the course of the amendment of the law of succession,it is more urgent for us to make a thorough study of the system of inheritance as appropriate and to make suggestions for amendment.From the theoretical level,the author analyzes the guidance of the legislative concept of the protection of the weak by the system of inheritance as appropriate.It is the embodiment of the principle of support after death,the theory of presumed meaning of the heir and the principle of providing for the aged and caring for the sick and disabled.The author traces the historical origin of appropriate share of the estate,the appropriate share of the estate development has put forward new problems to deal with the new structure of the family and the"new family form",so keep and improve the appropriate share of the estate system is necessary.From the angle of legislation,the author through the analysis of the existing legal provisions,summarized the basic connotation and function of the system;pointed out the defects of current legal provisions,such as the appropriate share of the estate right of unknown nature,combined with related cases,analyzing the defects of specific provisions exist,such as the existence of the decedent in laws should apply appropriate share of the estate system;human rights has the standard elements on "more support" identified,Ninas finds the problem;how much amount,there is no upper limit problem etc..There was a problem need to seek solutions,using the method of comparative analysis,comparative law and foreign typical appropriate share of the estate,is doing the same with the Taiwan region system,compared with the similar system in Hongkong area,and have the same legislative purpose and value will leave a system for comparison,analysis of similarities and differences,absorption from the subject of rights,the amount of the basis of the distribution,amount and other aspects of the advantages,to fill the specific provisions of the appropriate share heritage system.Finally,it is the most important part of the article to perfect the system of inheritance.In order to protect the weak legislative idea as the guidance,the legal nature of theoretically defined appropriate share inheritance;put forward specific suggestions from the revision of legal provisions to protect the rights of people,especially by supporting Ninas such vulnerable groups.And according to the legislative purpose to protect citizens private property right of inheritance,the inheritance law coordination within the legal inheritance system,the appropriate share heritage system independent from the chapter of legal succession,the other to expand the range of legal heirs to the four step,to support three pro four pro and inheritance of the people in no first order heir rejection case can be obtained through inheritance heritage.Again,through the implementation of procedures to protect the rights of the people,the establishment of heritage management system,from the main body of management has the fairness of the segmentation of heritage,from subject of rights to have the same heritage expect heir claim,sparking a contradiction,implement the share of the estate right on discretionary protection from the program.