| The spouse's legal right of inheritance is the product of modern "inheritance",which means that both spouses who have legal marital relationship enjoy the right of inheritance from the surviving spouse to the deceased spouse when one spouse dies according to the law.The complete legal inheritance right of spouse includes two parts:one is the inheritance right of husband to wife;the other is the inheritance right of wife to husband.Legislation on legal inheritance rights of spouses in the Republic of China mainly includes "one draft of civil law" adopted by Nanjing Provisional Government,two draft of civil law in the period of Beiyang Government,inheritance compilation drafted but not yet implemented by the Bureau of Legal Affairs in the period of Nanjing National Government,and succession compilation of the National Code of the People's Republic of China which was drafted and promulgated and implemented later.Compared with the previous Draft Civil Law of the Qing Dynasty(the Draft Civil Law of the Qing Dynasty),the significance of its progress lies in breaking through the restrictions of traditional laws on widows,and stipulating for the first time the legal inheritance rights of spouses,that is,the inheritance rights of wives to their husbands'inheritance and the inheritance rights of husbands to their wives'inheritance.However,the legal inheritance rights of spouses stipulated in the "Second Draft of Civil Law" need to be improved,because it divides the legal inheritance rights of spouses into the inheritance rights of the wife to the husband and the inheritance rights of the husband to the wife,and stipulates the unequal legal inheritance rights of the husband and the wife,which are mainly manifested in the smooth inheritance of each spouse's inheritance of the other's inheritance.Different places.That is to say,the legal right of inheritance of spouses stipulated in the "Two Grass Laws of Civil Law" does not conform to the legal concept of "equality between men and women" in moden times.It was not until the Republic of China National Code that equality between men and women was truly realized.The National Code of the Republic of China not only lists "equality between men and women" as the legislative principle of civil law,but also explicitly puts forward the concept of spouse's legal inheritance right.More importantly,it makes up for the shortcomings of "two grass-roots civil law":distinguishing husband and wife's spouse's legal inheritance right and making unequal provisions.In addition,the succession edition of the Republic of China Civil Code also introduces a dual inheritance system in which the order of fixed inheritance coexists with that of non-fixed inheritance.On this basis,a new dual inheritance system is constructed,and the legal inheritance right of spouses is strengthened.The improvement of property inheritance status during the Republic of China laid a social foundation for the establishment of spouse's legal inheritance right.The "one grass of civil law" and "two grass of civil law" laid a legislative and technical foundation for the establishment of spouse's legal inheritance right.The modern theory of equal rights between men and women laid an ideological foundation for the establishment of spouse's legal inheritance right.A large number of inheritance disputes injudicial practice laid a foundation for spouse' From the realistic basis,it can be seen that the establishment of spouse's legal right of inheritance in the Republic of China is a historical necessity.During the Republic of China,legislation on the legal inheritance rights of spouses involved "two drafts of civil law" and"succession edition of the National Code of the Republic of China".Before "two drafts of civil law",there were "one draft of civil law" in the late Qing Dynasty,and from "one draft of civil law" to "succession edition of the National Code of the Republic of China".Legislation on the legal inheritance rights of spouses at different stages has its own characteristics.On the whole,the Legislative Features of spouses' legal inheritance rights in the Republic of China are as follows:firstly,the legal status of spouses in property inheritance relations has changed from weak to strong;secondly,the inheritance rights of spouses have changed from inequality to equality.In addition,there are three legislative features of spouse's legal inheritance right in the Republic of China.One is to respect China's national conditions and habits;the other is to learn from foreign legal terms and systems;and the third is to construct a new dual inheritance system. |
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