Research On Agreement System Of Bereavement And Supporting

According to surveys,the distance between birth rate and death rate in China is gradually increasing,the number of elderly people is gradually increasing,the aging of the population is becoming more and more serious,and the issue of old-age care has become more prominent.Faced with this ageing problem of rapid population growth,how can we protect old people in their old age?The pension issue is not only the key to the unity of the small family,but also the key to the harmony and happiness of the large family.Therefore,it is of great significance to actively solve the pension problem and improve the social security system.The beneficiary agreement system,as a member of the social security system,has a positive effect on solving the problem of old-age care.As we all know,the key to whether or not a system can play its role is to see whether it has a sound system to promote.Therefore,it is imperative to improve the legacy bequest agreement system.The bequest support agreement refers to the agreement between the bequeler and the caretaker with bequests and support as the main content.According to the agreement,the caretaker's obligation to support and bury the bequeathor shall enjoy the property acquired by the bequeathor after his death.Right,while the bequeathor bears the obligation to donate his contractual property to the supporter after his death,and enjoy the right to support the supporter.The bequest agreement is a unique legal system in China's “Inheritance Law.” It can be known from the definition that it is formed between citizens.Through the voluntary and freely negotiated agreements of citizens,the main purpose is to help the elderly to help and protect them.In order to relieve the pressure of social pension,this will undoubtedly have important theoretical and practical significance for solving the old-age problem in China.However,currently China's current laws have very few provisions on the system,which are limited to Articles 5 and 31 of the “Law of Succession” and Article 5 of the “Opinions of the Supreme People's Court on the Implementation of the “Provisions of the People's Republic of China on Succession Law””.Article 56: The provisions are relatively simple and the content is too principled.The practicality in practice is not strong.Many problems in practical life cannot be solved,especially the issues of the establishment of the subject,the conclusion of the form,the relevant effects,and the protection of the rights and interests of the parties.In addition to the preface and conclusion,this paper is divided into five parts: The first part is about the nature of the system,mainly analyzes the formation and meaning of the system and the nature of special contracts;the second part is the provisions of China's current legacy bequest agreement system.This will be used as a starting point for the later discussion of this system.The third part is a study of the inheritance contract system similar to the foreign and bequest maintenance agreement system,focusing on the two viewpoints of foreign countries on the inheritance contract system,and then The comparative analysis of the system provides reference for the formulation of relevant measures in the fifth part;the fourth part is the analysis of the bequest of the present stage from the aspects of the conclusion of the subject,the conclusion of the form,the validity,and the protection of the rights and interests of the bequest agreement.The problems in the maintenance agreement;the fifth part is mainly to address the problems in the fourth part above,and put forward proposals to improve the system of bequest support agreement.