Research On The Legal System Of Joint Will

The "Inheritance Law" is the main legal basis for handling cases of inheritance disputes in China's judicial practice,but it has been 35 years since China issued the "Inheritance Law",and no amendment has been experienced in the meantime.Over the past 35 years,earth-shaking changes have taken place in China.Not only has the market economy progressed by leaps and bounds,but the types of disputes in judicial practice have also become more and more abundant.Cases of joint wills have also attracted the attention of legal workers.Unfortunately,there is very little written about the joint will in China's legal system,and there are many opinions on its nature,validity,change and revocation,and there is no final conclusion.In judicial practice,the judgment on the joint will is even more unclear and the standards are different.The "Inheritance Law" promulgated thirty-five years ago showed more and more "loopholes" and urgently needed to be repaired.At the moment when the Civil Code was being compiled,the "common testament",a neglected legal system that needed to be written urgently China's legislative system goes to protect the judicial practice.Beyond the introduction and conclusion,the essay can be separated into five sections and introduced respectively:The first part is the question.Take a case of the 2019 joint will type searched on the China Judgment Documents Network as a key introduction,and conduct a simple analysis to elicit the theme and lay the groundwork for the later introduction of the joint will system.The second part is an overview of the joint will system.Theoretically grasp the joint will as a whole,define its concept and nature,analyze the legal characteristics of the joint will in depth,and then classify it,and point out the relevant provisions in the current legal system of our country in order to let readers understand.The third part introduces and analyzes the legislative examples of the joint will system of other countries.On the whole,grasp the attitudes and regulations of other countries on the joint will system,sum up the global development trend of the joint will system from them,select typical countries with affirmative views for key introductions,and analyze the reasons for different attitudes adopted by countries.The fourth part is about academic disputes and analysis of the joint will system.The three doctrines of affirmation,negation,and limited affirmation put forward by the academic community are introduced,and a brief analysis is made to analyze the reasons behind the various doctrines,thereby deepening the understanding of the joint will.The fifth part is the construction of China's joint will system.This is also a key chapter of this article.Combining theory and practice,it provides comprehensive suggestions for the construction of China's joint will system and injects personal efforts to establish and improve China's joint will system.