Research On The Scope Of Legal Heirs

It has been more than 30 years since the promulgation and implementation of the Law of Inheritance,which coincides with China's reform and opening-up.Great changes have taken place in China's society during this period:a surge in social wealth;changes in the family structure;renewal of the concept of reproduction;continuous improvement in the modernization of the rule of law;and the promulgation of the Property Law of the People's Republic of China,the protection of private property has Strengthening;the rapid development of science and technology;the complexity of inheritance relations.This kind of change,causes the present legal succession system to be unable to satisfy the Chinese society realistic demand,carries on the essential adjustment to it is imperative.The scope of legal heirs concerns everyone.Proper adjustment of the scope of legal heirs to make it more suitable for the needs of contemporary society will not only help to perfect the legal inheritance system in China,to realize the wishes of the heirs as much as possible,but also help to strengthen the protection of citizens' private property and improve family members.Mutual support between the awareness of the real unity of family rights and obligations to reduce conflicts and promote social harmony and stability.This paper analyzes and discusses the problems existing in the scope of legal successors in the current inheritance law,and puts forward some suggestions for improvement.This article is divided into five parts,the main contents are:The first part is the introduction.This paper introduces the starting point of this research and the author's research results.The second part is to discuss the scope of legal heirs.The concept and characteristics of the scope of legal successors and the basis for their determination are elaborated one by one,and the major changes in the legislative background of the inheritance law in China over the past 30 years are analyzed from the perspective of economy,society and the socialist rule of law with Chinese characteristics.It is concluded that the current legislative provisions on the scope of legal heirs can not be adapted to the needs of the times and need to be revised.The third part is the focus of this article,the author from the scope of legal heirs,stepchildren's inheritance rights,the inheritance rights of unmarried cohabitants and the inheritance rights of widowed daughter-in-law,son-in-law,the current "Inheritance Law" in China to discuss the shortcomings of the scope of legal heirs.The fourth part is to draw on the provisions on the scope of legal heirs of major countries and regions in the world,and to compare the differences between the legislative provisions on the scope of legal heirs of the country and the "unrestricted succession of relatives" countries and the "restrictive inheritance of relatives" countries.This paper analyzes the advanced experience of the legislation of extra-territorial statutory succession and its reference significance to the improvement of our legal succession system,and points out the main problems and shortcomings of our current inheritance law.The fifth part is to explain the author to our legal heir scope system reconstruction.Aiming at the four shortcomings of the legislative provisions on the scope of legal heirs in our country discussed in the fourth part of this article,this paper puts forward the author's idea of improvement and makes his own efforts to perfect the system of legal heirs scope in our country.