Conflict And Coordination Between Folk Inheritance Custom And Legislation Of Inheritance Law

At present,scholars on the study of popular habits of succession usually selected small samples,lack of in-depth conversation with the public,and few scholars analyze the underlying reasons for the people's choice.Taking Yantai of Shandong Province as an example,the paper adopts the method of combining questionnaire and in-depth interview to scientifically deal with the survey data,expounds the conflict between the inheritance habit and heir system,inheritance under the will and testamentary succession of modern law of succession,and deeply excavates the causes of the conflict.As a popular rule of folk inheritance,the excellent folk inheritance habits should be fully absorbed by the inheritance law.On the one hand,the existing system of inheritance law need to be improved;on the other hand,the inheritance law system need to be filled.The former mainly involves the revision of the scope of legal heirs,the order of succession and the form of wills,while the latter includes the addition of common wills,inheritance contracts and deduction systems and so on.