A Comparative Study Of Legal Succession System In China And Japan

Since the reform and opening up,the number of people's private property and the inheritable heritages has been gradually increasing.However,under the macro-control of the family planning policy and the change of the concept of marriage and family,the number of families with the "4-2-1" structure has gradually increased.The current statutory succession system,the scope of the statutory heir,since the promulgation and implementation of the date has not changed,making the judicial practice often occurs because the heirs do not meet the statutory legal successors,resulting in the inheritance of their heritage country or collective all,is not conducive to the protection of citizens legitimate private property rights.In addition,in the process of social development,people gradually change their concepts and thoughts,and people question the rationality of the succession order of current legal successors.How to improve the legal succession system of our country has become the focus of scholars' research.I try to compare the legal succession system between our country and Japan,analyze the similarities and differences between the legal succession systems of the two countries,and learn from the legislative experience beneficial to our country in the legal succession system of Japan,and provide an extraterritorial reference for the improvement of our country's legal succession system.The thesis is divided into the following five parts to study the legal succession system of China and Japan:The first part compares and comments on the range of heirs and inheritance in the legal succession of China and Japan.First of all,it defines the scope of the legal successors in China and Japan and defines the scope of the inheritance in the statutory succession of China and Japan.In addition,it analyzes the legislative differences between the legal successors and the scope of the inheritance between China and Japan.At the same time,it points out that the existing inheritance laws in our country have too narrow the scope for the legal successors,and the scope of the inheritance includes only the positive inheritance of the heirs and the negative inheritance not included.Benefit from the protection of the legitimate rights and interests of creditors.The second part mainly compares the order of the statutory heirs of China and Japan.First of all,it analyzes the theoretical basis for the orderly establishment of the current legal successors in our country and Japan and concludes that our country determines the order of legal heirs mainly in accordance with the theory of support after death.Secondly,it makes a concrete analysis of the order of succession of spouses in the legal succession of China and Japan,and sorts out the controversy of the succession order of spouses in our country's theoretic circle.It also considers that the legal succession order of the spouse is more reasonable.Finally,the author compares and contrasts the order of the other legal heirs in the legal succession of China and Japan,and at the same time points out that we should adjust the order of the legal successors in our country according to the actual situation of our society.The third part mainly studies the inheritance system of subrogation in legal succession between China and Japan.Combining with theoretical research on the theory of the subrogation succession and the legislative provisions of the subrogation succession system between China and Japan,the author separately analyzes the theoretical basis of the subrogation succession system between our country and Japan.It also considers that the subrogation system of our country adopts the theory of subrogation "While Japan adopted the" theory of the right of establishment." In addition,combining with some cases in judicial practice and the relevant legislative provisions,it is pointed out that the scope of substitute successors in China's subrogation system is relatively narrow,the conditions for the succession subrogation are relatively strict,which is not conducive to the inadequacy of the protection of the subrogation rights.The fourth part mainly sorts out the legislative status quo of our country must retain system and Japan's special system,and analyzes the differences between the system of our country must retain and the special system of Japan.If Japan clearly stipulates special Stay in the scope of the right holder,and the current law of succession in our country is only relatively vague provisions as a condition of the remaining rights holders.In addition,it also points out the defects in the system of China's must retain,such as our country must retain a smaller range of rights holders,will retain the right to retain the share of the inheritance standard is not clear.The fifth part mainly aims at some shortcomings in China's statutory succession system.Some suggestions are put forward,such as including the children of siblings who are heirs in the scope of statutory succession,and at the same time,as well as the debts burdened are included in the heir's estate.In addition,the order of succession of spouses is not fixed,and the succession order of other legal heirs should be properly adjusted.In addition,we should expand the scope of subrogation successors and reduce the reasons for limiting the succession of subrogation.For example,drawing on the legislative experience in the "Japan Civil Code," we will not restrict the successor inheritance as a substitute successor to the substitute successor,and In our inheritance law,we must establish a parallel system of remaining copies and special copies.