The Research On The Shares Of Extramarital Children To Inherit The Property

As a hot issue that has been the focus of attention of society,illegitimate children's inheritance of property is rarely regulated by law.In addition,the legal status of the inheritance of property of children born outside the marriage of a spouse is contrary to general social concepts.The first part of this article sorts out the social conception and legal requirements of inheritance of extramarital children's property from spouses.The social concept of the inheritance of property of extramarital children with a spouse has undergone the process from spitting to recognition to differential treatment,and its corresponding legal provisions have also experienced the process from discrimination to protection.Accordingly,it is raised that the equal rights of children's property will cause social value confusion.The second part is the corresponding jurisprudence analysis based on the issues raised above.On the one hand,the principle of public order and good customs runs through the civil activities,and the property inheritance of extramarital children and children born in marriage with the spouse is completely inconsistent with the guidance of the law and the role of education,and is not consistent with the traditional Chinese concept of "benevolence,justice,courtesy,wisdom And integrity ”and other family moral concepts are not coordinated;on the other hand,when there is an imbalance in the interests of marriage and family property rights and third party property rights,the law must play a balancing role.The author believes that while the spouse's extramarital children are recognized as enjoying the right to inherit property,their share of inheritance should be restricted.The third part is to put forward legislative and judicial considerations based on the conclusions reached above.In legislation,China should stipulate the share of property inheritance of children born outside the marriage of spouses based on the principle of proportionality;expand the "fault scope" of divorce damages compensation in the "Marriage Law";Judgment reasons for the inheritance of the children's property should focus on the interpretation of the law,and the judgment reasons should conform to the correct view of marriage and family;judgments on the inheritance of the property of children born outside the marriage with a spouse should focus on social effectiveness,and the judgment results should be consistent with mainstream social values.