Study On The Effectiveness Of Loss Of Inheritance Rights

The effect of the loss of inheritance rights is whether the inheritance rights can be restored if the inherited person expresses forgiveness before his death after the heir loses his inheritance rights due to statutory reasons.However,the Inheritance Law,which has been in force for more than 30 years,does not mention the relevant provisions on the effect of loss of inheritance rights.The people's sense of freedom and democracy is gradually increasing with the continuous development of society,and it is also hoped that their autonomy of will will be preserved and guaranteed by the law.Obviously,the current Inheritance Law has a gap in the effectiveness of the inheritance rights due to the loss of inheritance rights.When dealing with actual events,there is often a great deal of controversy,which also brings many difficulties to judicial practice.At present,the codification of the various parts of our Civil Code is in full swing,with the addition of provisions on the effects of loss of inheritance rights in the Book of Succession.This article is divided into four parts,about thirty thousand words.The first part is the introduction,which mainly introduces the background and significance of this topic.On the basis of consulting the literature,it summarizes the research trends related to this topic,the main contents and research methods of this topic.The second part mainly introduces the legislation and judicial status of disvalidity of inheritance rights in China.This section first introduces the provisions and legislative significance of the loss of inheritance rights,pointing out that the heirs lose their inheritance rights due to infringement on the personal rights of the heirs and other heirs,and interfere with the heirs 'freedom of will,and deprive them of inheritance rights.It guarantees the personal rights and property rights of the heirs;Secondly,introduce the lack of legislation on the disvalidity of inheritance rights,because the inheritance law of our country only stipulates the reasons for the loss of inheritance rights.Due to the limitations of the legislative background and the opposition of some judges,the legislative gap of disvalidity of inheritance rights is caused.Finally,introduce the judicial status of disvalidity of inheritance rights,and through the statistical analysis of the case data,it is found that there are occur from time to time disputes caused by theloss of inheritance rights,and the current provisions on the causes of disinheritance in China are reasonable enough to solve most of the problems in practice.The absence of the case of invalidity of inheritance directly reflects the lack of current legislation.The third part mainly introduces the absolute loss of inheritance rights.First of all,a theoretical study of absolute loss points out that the consequence of absolute loss is that the heirs who commit serious violations will permanently lose their inheritance rights,and even if they are forgiven by the heirs,they can not restore their inheritance rights.Then introduces the theoretical controversy about the absolute loss of the academic community.The first view is based on severity actions of the heirs and the consideration of the abuse of the rights of the heirs.He believes that the heirs' intentional killing should be absolutely lost;Another view is based on the heirs' violation of the right to life and property of other heirs,as well as the consideration of respecting the will of the heirs.It is believed that only the heirs deliberately kill other heirs should be absolutely lost.Secondly,a comparative study of the countries concerned that have adopted legislation for absolute loss outside the territory has revealed that only a very small number of countries,such as Japan and the Republic of Korea,have adopted legislation for absolute loss.The comparison shows that the legislation of the two countries is slightly different in the act of absolute loss,mainly reflected in the act of intentional killing and interference in the will;The results of absolute loss are slightly different.Although absolute loss is adopted,Korean legislation is stricter and Japan pays attention to respect for family ethics.Finally,based on the theoretical controversy in the academic circles and the comparative investigation of extraterritorial legislation,it is concluded that intentional killings should be absolutely lost.It also systematically expounds the reasons from the four perspectives of seriously endangering personal security,violating human morality,inconsistent with rights and obligations,and destroying family order and social order.The fourth part mainly introduces the relative loss of inheritance rights.Firstly,the author makes a theoretical study of relative loss,and points out that the consequence of relative loss is that the heirs who have been deprived of their inheritance rights in accordance with the law have their inheritance rights restored to the original state after being forgiven by the heirs.Then introduce the theoretical controversy about the relative loss in the academic circles.The first view is based on the considerations of fully respecting the will of the heirs,respecting the inheritance habits of the people,and facilitating the heirs 'rehabilitation.It is believed that all cases of loss of inheritancerights in China should be adopted.relative loss;The other view is based on the view that the heirs should be relatively deprived of the behavior of abusing the heirs and interfering with the heirs 'Intestate behavior based on the vicious less and limited respect for the heirs' freedom of will.Secondly,a comparative study of the countries concerned that have lost their legislation in relation to the extraterritorial adoption of legislation has revealed that most countries have adopted relatively lost legislation,such as Germany,France,Italy and Switzerland.The comparison shows that the laws of the four countries are slightly different in the relative loss of behavior,mainly reflected in the differences of intentional killing,interference with wills and other behaviors;In the relative loss of the results are basically the same,out of respect for the will of the heirs,emphasizing the restrictions and restrictions on public power.Finally,based on the theoretical controversy and the comparative study of extraterritorial legislation,we conclude that the abuse of abandonment and interference in wills should be relatively lost.And from the less harmful degree,respect for the meaning of the heirs autonomy and encourage the heirs to fulfill their maintenance obligations from three perspectives systematically explained the reasons.