Study On The Legal Conflicts Of Statutory Succession Between Mainland China And Hong Kong

As a complex jurisdiction country,China have not enacted an unified inter-regional statutory succession conflict of laws and such unified substantive law so far,which leads to the disputes of application to the succession law become increasingly growth.The thesis takes the Hong Kong'Gong Ruxin' competes inheritance case for example,study on the legal conflicts of statutory succession between mainland China and Hong Kong through the methods of comparative analysis and example analysis.The thesis contains four parts.The first part of the problem leads to the statutory succession leads through the case out in the form of following share issues:How to define the deceased last residence?The deceased parents whether can be the first successor in order?How many portion does the deceased parents can be inherited?The second focuses on the conflict of law and resolution of the deceased last residence.At the beginning of the part,the thesis makes a contrastive study on the last residence between mainland China and Hong Kong under the scission system.Then the thesis analysis the proviso clause of mainland China law defines the concept of habitual residence 'except for the location of hospitalization' through purpose interpretation method.Finally make a conclusion that the doctrine of the most significant relationship is the best way to define the deceased last residence in mainland China,the author studies on this doctrine and puts forward several proposals to improve it lagal application.The third part focuses on laws conflict of the order of succession.The author makes a contrastive study on the order of succession of spouse,consanguinity and other family members that have relations of fostering.Then propose that the solution to the order of succession laws conflict is accept renvoi in a certain extent,analyze renvoi and improve it legal application through direct renvoi.The forth discuss the share of succession laws conflict.The author makes a contrastive study on the share of succession of spouse,consanguinity and other family members that have relations of fostering.Then come up with the solution to share of succession laws conflict is the doctrine of protect the interests of the weak party,the author studies on this doctrine and finally puts forward several proposals to improve it legal application.