The Special Retention System In The Inheritance Law Of Our Country

China's codification of Civil Code has done a good job of the general law,the next work is,of course,part of the division,in the succession of the compilation process,on the addition of special retention system is always inevitable special retention system design is to properly limit the freedom of wills,the protection of legal successors should be,in other countries,The special reserve System is not a new product in recent years,and has formed its own unique system.But our country's Inheritance Law does not stipulate this system,the restriction to the free will only manifests in for the incapacity but does not have the income source the successor to retain the necessary estate share,compared with other countries its restriction to the Wills freedom is very limited,therefore cannot protect the legal heir very well.Today's society,people increasingly pursue independent personality,family concept has been broken,"unmarried cohabitation","little children" and other disharmony phenomenon also more and more,profoundly affect the inheritance of the way of property.Many of the heirs will be designated as the only heir by the third party with their own marital sexual relations,and the legal rights and interests of their lawful spouses and children should be violated,and the establishment of the system can keep the bottom line of ethical morals and curb the unhealthy social atmosphere.The provisions on the protection of fetal inheritance rights in the general principles of civil law also reflect the determination of the State to revise the law of succession.From the point of view,the construction of the system will also be put on the agenda.In this paper,the author comprehensively applied the Historical analysis,comparative analysis and other methods,grasping its historical development,taking history as a guide,and drawing on the relevant legislative experience of the two legal systems,the paper makes a detailed analysis of the operability of the introduction of the special reserve System,and combines with the existing necessary share system This paper puts forward personal suggestions for constructing a set of special-keeping system suitable for China's development.This article consists of three parts:The first part:The basic theory of the system of special retention.This paper introduces the concept characteristics and historical origins of the system,analyzes the theoretical basis of the system from the three angles of the freedom of wills principle,the principle of freedom and the social standard,and combs the legal theory of the system evolution.Part Two:Explore the extraterritorial development of the system of special stay.By studying the legislation of the system of the two legal systems,we can draw the inspiration for our country to construct the special retention system.Comparatively speaking,because our country is a statute law country,the system of the special reserve of the continental legal system accords with our country's national conditions more,so it is worth to draw lessons from.Part III:On the establishment of China's special reserve System of the legislative concept.Firstly,this paper expounds the deficiency of the system of the special stay in our country and the necessity of establishing the system.It is concluded that our country should establish the system of special retention,and secondly,on the relationship between it and China's compulsory system,it is the most suitable for our country by the research,and finally,combining the system design of the two legal systems,This paper puts forward the specific contents of China's special reserve System.