A Comparative Study Of Chinese And South Korea Heritage Division System

The heritage division system in China can be consulted in the Inheritance Law and the Judicial Interpretation of Inheritance Law enacted in 1985.Because it has been formulated for a long time,and the provisions have not been refined and other reasons,the operability needs to be improved.In contrast,the heritage division system stipulated in the Korean Civil Code has formed a more complete systen after several amendments since its formulation.Through literature review,comparative study and other comprehensive research methods,the author explores the similarities and differences between the laws of the two countries,seeks its reference,and then puts forward some feasible suggestions for the improvement of the heritage division system in our country.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is the second chapter,which is an overview of the heritage division system.The author mainly systematically elaborates the concept of the heritage division system,the function,the principles and the main contents of the heritage division.The second part is the third chapter,the Chinese Heritage Division System,mainly elaborating the Chinese heritage division system.From provisions of the current Inheritance Law of our country,the author summarizes the principles of the heritage division,the methods of determining the heritage share and the heritage division,the system of certain heirdom and the system of heritage receivers other than heirs stipulated in the Inheritance Law in China and the effectiveness of the heritage division.At the end of this chapter,the author summarizes the characteristics and defects of our heritage division system.The third part is the fourth chapter,the Korean Heritage Division System,which comprehensively elaborates the content of this system.Influenced by the legislation of the continental law system,Korea's legislation on the heritage division system is relatively perfect.Beginning with the development of the heritage division system in Korean civil law,this chapter comprehensively introduces the premise of heritage division,the claimant of heritage division,the method of heritage division,the object of heritage division and the cost of heritage division.At the same time,it also introduces the special income return system and the contribution system.At the end of the chapter,the characteristics and defects of the Korean heritage division system are summarized,which lays the foundation for the legal reference of our country.The fourth part is the fifth chapter,the Comparison and Reference of the Heritage Division System between China and Korea.This chapter adopts the method of comparative study to find out the similarities and differences between the heritage division system in China and that of Korea.In the aspects of the inheritance share of the common heirs,the heritage deduction system,the legal proportion system,the effectiveness of heritage division and so on,it is proposed that the system of heritage division in China can draw lessons from Korean legislation.The improvement of the heritage division system can conform to the development of China's economic construction.protect the value and effectiveness of the heritage,and protect the interests of the common heirs.