Suggestions On System Innovation Of Spousal Inheritance Share In Inheritance Code Of Civil Code

With the rapid development of China's economy and society and the cultural exchange and collision under the general trend of globalization,the social ideology of Chinese citizens has undergone a very significant change compared with the past.More and more citizens begin to realize the important role of marriage relationship in maintaining the stability and development of modern society.Husband and wife support and rely on each other in long-term daily life.After the death of one spouse,the surviving spouse should also enjoy the legal inheritance rights and share of the inheritor's estate,and should be protected by law.In the inheritance law of China,the surviving spouse,the decedent's children and their parents are listed as the legal inheritors in the first order,and it also stipulates that the legal inheritors in the same order generally adopt the inheritance system of equal distribution when inheriting the decedent's estate.This provision "inheritance law" at the beginning of the formulation can indeed well guide the majority of social inheritance disputes at that time,but today,the limitations of the above provisions are gradually exposed with the complexity of the social situation.The proliferation of personal property,the innovation of family structure and the actual situation of marriage have deepened the complexity of inheritance activities.We should clearly recognize that the current statutory succession "inheritance law" about a spouse's share of the rough rules have already can't on the complicated modern society a clear and reasonable guidance inheritance disputes,if not be modified,can cause the court in judicial trial could not be in accordance with embarrassment,not only leads to the judicial injustice,more conducive to social stability and harmony.Therefore,in order to protect the legal inheritance rights and share of the spouse,but also to take into account the legitimate rights and interests of other legal heirs,to maintain family harmony and stability has become one of the most urgent problems to be solved in modern China's "inheritance law".Moreover,the emergence of new types of disputes,such as the legal inheritance share of the homosexual,the legal inheritance share of the aged remarried spouse,and the legal inheritance share of the DE facto married spouse,also requires the legislator to make unified regulations in law.In view of this,it is of great significance and far-reaching significance for China's current and future long-term judicial practice to think deeply about and improve the relevant rules of the current law on spouses' legal inheritance shares.To spouse statutory succession share as the research object,this paper to our country present "inheritance law" about spouses the deficiency of statutory succession share,is due to the above lacuna and spouse of statutory succession share,the essay discusses the legislative Suggestions of regulations,in order to modify the add of designing for spouses under normal and abnormal set forth under the share of the statutory succession.In the inheritance law of our country,the governance of the legal inheritance share of the spouse is mainly due to the general and rough provisions and the difficulty in dealing with the practical problems.In order to solve the above problems,it is necessary to distinguish the legal inheritance shares of spouses in general cases and non-normal cases and regulate them separately in legislation.This paper mainly adopts the methods of case analysis,comparative analysis and data analysis to reflect and improve the relevant rules of the current law on the legal inheritance shares of spouses in China.In this paper,the author suggests that we should learn from the advanced legislative experience of foreign countries and at the same time transplant the specific national conditions of China,and combine the opinions of domestic authoritative scholars to formulate general legal provisions that can effectively solve the current practical inheritance disputes in China.At the same time,this article through to the elderly remarried,same-sex spouse statutory succession share share "spouse" statutory succession,the fact marriage and forms a spouse for example analysis of statutory succession share rules,so as to our country in recent years,several typical phenomenon solution is put forward,in the hope of spouse in the protection of legal rights and interests at the same time keep a spouse with other legal heir,the relationship between the security finds peace in his home at the same time,safeguard social fairness and justice.Home is the smallest country.Only by ensuring harmony,fairness and justice within the family can the country and society develop healthily and smoothly.The spousal relationship is the main support for the establishment and continuation of modern families.In the inheritance activities,safeguarding the legitimate rights and interests of the spouse and safeguarding the harmonious relationship between the spouse and other family members has become one of the important contents to be solved in the inheritance of China's civil code.