On The Legislative Constructed Of The Forced Heirship System In China

As a principle of important inheritance law established by the Roman Law,the will of freedom of will testifies the value concept of party autonomy.However,the freedom of wills is not absolute freedom.In order to coordinate the development of the interests of individuals,families,and society,the freedom of wills must be appropriately limited.Many countries in the civil law system and the Anglo-American law system have adopted the special retention system as a basic system for restricting the freedom of wills,which is reflected in the legislation of various countries.China's Law of Succession has relevant provisions on the restriction of wills' freedom,that is,our country's compulsory retention system.However,due to the existence of many defects in the system,relying only on the compulsory leaving system can no longer meet the actual needs.Under this background,this article is based on China's actual national conditions and legal traditions,and draws lessons from relevant provisions of the foreign special quota system at the same time,aiming to provide useful reference for the construction of China's special quota system.This article uses case analysis method and comparative law to start from the theoretical basis of restricting the will of freedom,and then analyzes and discusses the definition,characteristics and nature of the special retention system,and introduces the civil law countries represented by Germany and France.The relevant legislation of the United Kingdom and the United States represented by Britain and the United States on the special retention system,and the practical significance of building a special quota system in China.The discussion puts forward that China urgently needs to set up a special quota system in legislation.The last chapter of the article first selects the relevant system provisions of the three major legislative proposals and compares and analyses them,extracts the essence from them,and then details the legislation,rights subjects,deductions and other aspects of the special retention system to introduce the way of our country how to build a relatively perfect system of special reserves.