Research On The Special Retention System

The system originated from Rome law, the first is as a means to limit the freedom of the will. The legislation of many countries in today's world has established a perfect system of special leave. Because of its own defects can not meet the needs of social life, the need to build a perfect system of special leave. This paper intends to study, draw on the legislative experience of other countries, to improve our country's system.In addition to the introduction and conclusion, the body consists of four parts.The first chapter introduces the historical origin of the system, especially the concept, nature, function and characteristics of the systemThe second chapter introduces the system of the countries of the continental law system and the system of the common law countries and the comparative analysis of the two.The third chapter introduces the concept, characteristics, function and necessity of the system, and discusses the feasibility and importance of the coexistence of the system and the system of special retention, which is the key point of the full text. In the fourth chapter, combined with the actual situation of our country, the author puts forward the concrete methods to establish the system of China's special retention system, which mainly includes the scope and sequence of the right subject, the share and calculation basis, the protection of the right of special reserved and the loss of the special reserve and the limitation of action.