Research On The Construction Of China's Post-inheritance System

Before the inherited life,one of the people was designated as the heir first.When the time limit for the appointment is reached or the conditions are fulfilled,the inheritance is transferred to another heir to inherit.This is called the Surrogate Succession.At present,despite the fact that no such law has been established in China's legislation,a number of reasons have emerged in order to preserve the family property for remarriage,to protect the welfare of the unborn child or the minor,and to maximize the effectiveness of the heritage.Inherit the will.For such disputes,there are great differences between the judgments of different courts in the trial practice,and there are different opinions on the effectiveness of the inheritance will of the posterior and the rights and obligations of the civil legal subjects.In order to realize the justice and authority of the law,it is necessary to add a post-inheritance system in the process of revising China's "Inheritance Law." This is also an inevitable trend of China's modernization of the rule of law.The Surrogate Succession evolved from the inheritance trust system of Roman law,and respecting the will of the decedent is the logical starting point of the system.Countries outside Germany,Austria,Switzerland and other countries have established mature post-inheritance systems in their legislation.When they are built in China,they can draw lessons from the valuable parts of these national legislations.In theory,there are three viewpoints on the legal status of the heir to the former: the ownership,the right to use,and the right to custody.The author supports the viewpoint of ownership;while for the heir's legal status,there are inherited expectations and inherited vestments.From the viewpoint of rights,the author believes that the legal status of the heir to the rear should be divided into three stages.Regarding the nature of the heir to the former heir,the author believes that it should be divided into two stages: the first stage.Before the inheritance begins and the latter succeeds,the heir to the former has the right to claim the claim;At the stage,after the succession of the latter position occurs,the heir to the next position has the right to request the former heir.It is not easy to introduce the Surrogate Succession as a brand-new system in our country.When constructing the Surrogate Succession,the author proposes not only to construct the system concept,the design of the legislative system and the construction of the supporting system from the macro perspective.It is necessary to carry out the design of the rules from the microscopic point of view,determine the beginning and rejection of the succession of the latter position,and clarify the specific rights and obligations of the heirs of the former and latter positions.In addition,attention should also be paid to the application of the Surrogate Succession in civil procedure law,which mainly involves the period from the beginning of the inheritance to the beginning of the Surrogate Succession.