Research On The Scope And Order Of Statutory Succession

In terms of the legal principle of statutory succession,this thesis presents legal principles of ancient statutory succession and legal principle of statutory succession in countries and regions belonging to the civil law system.In addition,legal principles of ancient and modern statutory succession in China are also introduced.Upon balancing the good points against the bad points and taking the development of society in our country into account,a conclusion that the principle of respecting individual mind,respecting inheritance custom and the principle of successor living security are deemed as the statutory basis of statutory succession in our country is made in this thesis.It is noteworthy that the prime defect of the existing law is that the existing law does not fit the development of society and common structure of ordinary family in our country anymore.The unfitness has given rise to actual inequity and prejudice against succession rights.As to the succession of spouse,this thesis presents relevant instances of legislation around the world and analyses the existing law in regard to succession of spouse in our country and defect of it.The viewpoint in this thesis are as follows: spouse shall enjoy the special status in succession and shall not be put in one fixed order when participating in the succession.With regard to the succession of consanguinity,the features of existing rules involving statutory succession in our country encompass the following points: first,one of the smallest scope of statutory succession in the world;second,less orders of statutory succession and more subjects for each order.The conclusion are that the scope of statutory succession shall be enlarged by incorporating the children of brother and sister and parents shall be listed in the second order of succession.Pertaining to the successors in relation by marriage in our succession law,two features are summarized that widowed daughter-in-law and son-in-law are incorporated into statutory succession conditionally andthe right of succession granted to stepparents and adult stepchildren is acknowledged conditionally.We shall remove the succession clauses concerning daughter-in-law and son-in-law,stepparents and adult stepchildren.