Intestate Succession System For Stepchildren In Our Country:a Proposal For Legislative Perfection

Reasonable intestate succession system for stepchildren is helpful to form harmonious relationship between stepparents and stepchildren,and plays an important role in maintaining the stability of remarried families.Through systematic analysis,it is obvious that intestate succession system for stepchildren does not take the wishes of the parties into account,and it is not in conformity with the nature of succession.In practice,it is difficult to implement the principle of correspondence between rights and responsibilities.So intestate succession system for stepchildren is lack of scientificalness and practicability.When revising the law,it thinks that the value orientation of legislation should be rebalanced.While maintaining family stability,promoting family support and reducing social burdens,we should pay more attention to the inner meaning of stepparents and protect stepchildren's legitimate rights and interests,balancing the rights and obligations between the two parties.In view of the existing problems in the current legislation,by combing Chinese traditional succession customs and adapting the experience of other countries,considering the specific situation of our country,this article thinks that there are two ways to revise intestate succession system for stepchildren:the first way is to replace the fictitious blood relation with certain rights and obligations of stepparents,cancelling stepchildren's intestate succession rights;the second way is to refine the criteria for judging fictitious blood relation,making stepchildren's intestate succession rights more appropriate.By comparing two ways,this article chooses the first way.Specific legislative proposals are as follows:It is advised that fictitious blood relation between stepparents and stepchildren should be canceled.In the amendment to the marriage law,in order to protect the supporting rights and interests of minor stepchildren and elderly stepparents,stepparents should help parents raise stepchildren,and stepchildren should support qualified stepparents,so the remarried family will be more harmonious.It is suggested that in the succession law of civil code,the intestate succession rights of stepchildren shall be abolished,and the property shall be inherited through such systems as bequest,legacy and support agreement,adoption and so on.;At the same time,to perfect ways of succession of stepchildren,and to safeguard the lawful rights and interests of stepchildren,the law needs to add the following provision: "If stepchildren Fulfill the main duty of supporting,they can be one of the first ordinal heirs".Moreover,the incomplete adoption system should be added into the adoption legislation.