A Study On The System Of Spouses' Right To Statutory Succession In China

The Fourth Plenary Session of the 18 th CPC Central Committee proposed an important measure for codification of the Civil Code.And the 19 th National People's Congress further proposed that "people's personal rights,property rights and personality rights should be protected." As one of the natural person's property rights to be protected,the legal succession rights of spouses is a must to implement the spirit of the 19 th National Congress of the Communist Party of China.Law of Succession of the People's Republic of China(hereinafter referred to as "Succession Law")has played an important role in protecting people's property rights since it was implemented in 1985.But it has been in operation for more than 30 years.During the past more than 30 years,spouses played an increasingly prominent role in family,the number of marital property has been gradually increased,and the types of property have become increasingly complicated.Thus,the protection of the spouses' right to statutory succession in "Succession Law" would not meet the needs of real life.Therefore,this article(with the title of "A Study on the System of Spouses' Right to Statutory Succession in China"),based on two cases in life,leads to the related problems of spouses' right to statutory succession,examines and analyzes the current situation of foreign legislation and analyzes the shortcomings of the spouses' right to statutory succession in our country.Then,on the basis of reviewing and analyzing the opinions of our experts,the author will make suggestions on perfecting system of spouses' right to statutory succession in China with a view to offer advice and suggestions for the compilation of Chinese Civil Code.The full text in addition to the introduction and conclusion,is about 20000 words,of which the body is divided into five parts,including the following:The first part is to put forward questions.This part takes two typical cases in real life of our country as examples and raises the relevant issues concerning system of spouses' right to statutory succession,including the connotation of the legal inheritance rights of spouses,objects and so on,so as to guide the following developments of this paper.The second part is the basic theoretical investigation of the system of spouses' right to statutory succession.This part is divided into three parts.First of all,it introduces the connotation and related issues of the system of spouses' right to statutory succession,including the connotation,the subject and the object.Secondly,the author will analyze the contents of the legal inheritance rights of spouses,including the order of succession,the portion of succession and the right of preferential obtainment,residence and use.Thirdly,the author will elaborate the necessity of protecting the spouses' right to statutory succession.The third part is the investigation and evaluation on the system of spouses' right to statutory succession abroad.First of all,to examine the foreign system of spouses' right to statutory succession.The author will examine the system of spouses' right to statutory succession in France,Germany,Switzerland,the United Kingdom,the United States,and Australia from the three aspects of the order of succession,the portion of succession and the right of preferential obtainment,residence and use.Then the author analyzes the system of spouses' right to statutory succession in the above countries from the above three aspects.The fourth part is about the current legal situation and shortcomings of the system of spouses' right to statutory succession in China.Starting with the current legislation in China,this article summarizes the legislative current situation of the legal succession system of spouses in China,including the following aspects: the spouses enjoying equal succession rights to each other;fixing the order of succession and making clear the portion of succession and lacking the right of preferential obtainment,residence and use.On this basis,the author analyzes the shortcomings of the system of spouses' right to statutory succession in our country from the following aspects: the order of succession,the portion of succession and the right of preferential obtainment,residence and use.The fifth part is the suggestions for perfecting the system of spouses' right to statutory succession in China.First of all,to examine and comment the scholars' perspectives of their expert proposals from the order of succession,the portion of succession and the right of preferential obtainment,residence and use.Then,the author puts forward suggestions on how to perfect system of spouses' right to statutory succession from the above three aspects.The suggestions mainly including to adjust the order of succession;to optimize the portion of spouse's succession and to grant the spouse the right of preferential obtainment,residence and use.