Study On The Foreign Law Applicable To Intestate Succession Issues

Thirty years ago,China's reform and opening up began to flourish,China's private international law began to make great progress.The development of private international law in China from scratch,from the relevant foreign law system can not rely on,only a1954 "foreigners in China heritage principle".To the 1985 "People's Republic of China Inheritance Law" and "People's Republic of China General Principles of Civil Law" have been introduced,and then promulgated in 2011 to implement the "foreign civil law applicable law" to form China's first system to adjust foreign-related civil relations Law,as China's private international law development process of a milestone.However,only in article 32/33 of the application of the law relating to the succession of foreign testimonies.The content is still relatively thin,for the contents of foreign affairs,foreign wills and foreign writings to explain,change,revocation and so on the lack of clear and specific norms,judicial practice caused many obstacles.In view of this,the paper aims at the legal application of foreign-related testament to carry out systematic research.The paper first systematically combs and elaborates the "succession of wills","wills","tangible elements" and "wills" in the legal system of foreign-related inheritance,Depth analysis of the connotation and extension of the successor of foreign-related wills,and through the testamentary succession of the core issues involved in comparative evaluation,The international law of the two major legal systems applicable to the law,the specific legal norms of international inspection,through comparative studies to clarify the legal system of foreign ownership of the core elements and the advantages and disadvantages of various norms.On the basis of this,the paper analyzes the present situation and shortcomings of the current legal system of foreign-related inheritance,and puts forward from the angle of the introduction of the principle of autonomy of autonomy,the norms of the law of the place where the estate is located,the norms of the will and the requirement of the formal order and the restriction of the public order And perfect the legal system of foreign inheritance in China.