Researcth On Scope And Order Of The Legal Heir In China

As the most crucial part of the statutory succession system,the system design of the scope and order of statutory successors has drawn much attention.The most central part is the scope and order of legal heirs.Discussions on this issue have been held in full swing by the academic circles.It is generally believed that the provisions on the scope and order of the current legal heirs in our country are not reasonable.However,there is absolutely no consensus on how to make such adjustments.This paper tries to put forward my own suggestion through the exploration of the scope and order of legal heirs.This paper illustrates the scope and order of the legal heirs related issues through the method of conceptual analysis,comparative analysis,questionnaire method and put forward opinions in our country.The first part describes the basic issues of the scope and order of legal heirs.Because the scope and order of legal heirs is not groundless,they need to trace the basis of succession,according to the purpose of inheritance of the legal system to determine.Based on a brief analysis of the basis of inheritance,this paper clarifies the elements of the scope and order of the current legal heirs in our country.Based on the analysis of the legislative background of the scope and order of the current legal heirs,this paper summarizes the scope and order of the relevant legal heirs in our country and fully affirms the positive significance of the current regulations at the beginning of the legislation.The second part makes a comparative investigation of the legislative provisions on the scope and order of legal heirs,in the hope of providing reference.This paper chooses Britain and the United States as the representative of Anglo-American legal system,Germany,France and Japan as the representative of the civil law system,together with Hong Kong,Macao and Taiwan of our country,a total of eight countries and regions,making legislative comparisons on the scope and order of their legal heirs.The eight countries and regions have some commonalities in the legislative design and specific provisions of legal heirs.The differences lie in whether there is a restriction of the younger lineal relative,the extent to collateral relatives by blood,the inheritance rights of grandchildren is the right of statutory succession or the right of subrogation inheritance,the specific order and quantity of succession,the specific order and succession share of spouses in inheritance in a non-fixed order.Through the social investigation of the customary practice of civil legal inheritance in our country,the third part introduces the conflict between current provisions on the scope and order of the legal heirs in our country and social development.The part makes a concrete analysis of the shortcomings of the current provisions,including the scope of legal heirs is generally too narrow and partially over-wide,the defection of succession by subrogation,less legal succession order and spouse succession order is not reasonable.The fourth part introduces the conclusions,on the basis of drawing on the provisions on the scope and order of relevant legal heirs outside the territory and on the basis of the existing national conditions in our country.The paper believes the scope of legal heirs should be expanded,the right of statutory inheritance of step-children and step-parents as well as step-brothers and step-sisters who supported or were supported by the decedent should be canceled,the right of statutory inheritance of widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law should be canceled,the legal nature and scope of the subrogation system should be amended,the legal succession order of the spouse is adjusted to zero order.