A Study On The Implementation Of Chinese Heirship System From The View Of Feminism

The forced heirship is a system which balances the testamentary freedom of the testator and the right of succession of the legal heir.China's " The Inheritance Law of People's Republic of China",which was published in 1985,has been using up to now without any changes for 30years,On one hand,under the influence of patriarchal feudal society more or less,on the other hand,the objective existence of social gender consciousness also makes women and other groups in a long-term disadvantaged.As a result,women,and other weak legal heirs were excluded from the legal construction,unable to convey the voice,and the male controlled the formulation and implementation mechanism of testamentary succession legal norms.Limited by the legislative ideas and legislative techniques at that time,insist the guideline " The system could be worldwide rathe than limited",leading to our current forced heirship system is too principled,the content is simple,the actual operation is not strong,it does not fully demonstrate the ethical value which should be included in the heirship system.In real life,the testator will donate the property outside the family relationship of the third person,leading to women and other vulnerable groups statutory inheritance lost,disputes of testamentary succession occurred in large numbers.The current forced heirship system in the adjustment of the reality of the succession of disputes continue to reveal their own shortcomings and contradictions.From the feminist perspective to improve the legitim system,is not only a mechanical protection of women,women give special rights,but stressed the importance of gender socialization in fact,emphasize the perfection of legitim system in addition to the male position,but also from the woman's identity of standing in the position of women to consider gender gendered reality.The legal dilemma analysis of women and other vulnerable groups in the face of the testamentary succession,explore the causes of these problems,put forward to consider gender factors suggestions.Penetrate the social gender consciousness of substantial equality,give special protection to vulnerable groups such as women;renew the legislation concept of special reserve,compile the system of special share,enrich and retain the legislative content.The main is to increase the spouse of legitim,make our country legitim system beyond the form of gender equality and gender equality to achieve substantive justice,the inheritance legislation can give consideration to both men and women,family and society,to reflect their needs,roles,status.The aim is to improve the civil succession system,promote the codification of the civil code,achieve the gender equality in the testamentary succession,and promote the realization of social equity and justice.