The Procedure For Requesting Discretionary Inheritance In The Case Of Unmanned Succession Applies

At present,in China's judicial practice,for the issue of the ownership of unowned property,the procedural law provides for a strict identification procedure and the consequences of the identification-owned by the state or collective.The inheritance law stipulates that no-heritance and no-bequeathed property is also owned by the state or the collective organization it belongs to,but there is no specific treatment procedure.As for the attribution,there is naturally a question of whether the special procedures for determining the owner of property can be permitted,and how to apply it.This problem becomes even more complicated,especially when the inheritance is neither inherited nor bequeathed,and at the same time the right holders who have the right to properly inherit the property appear.In practice,there are two special and common procedures based on three reasons,there are certain flaws in the selection of these procedures.For example,the "creation" defendant applies ordinary procedures and circumvents the choice of procedures.Through the concrete analysis of the three approaches,combined with the existing inheritance law and the civil procedure law related to the "no owner property","no one inherits and no one bequeath" and "discretionary rights" all relevant provisions,to sort out the relationship between the provisions.On the premise that the existence of the defendant does not affect the choice of procedures and the relief of the procedures,only special procedures can solve the problem of attribution and discretion of the inheritance of no one.Compared with the ordinary procedure,which is unable to deal with the uninherited property,and the idling procedure,the special procedure has a more obvious advantage in such cases,so as to confirm the operation and connection of the special procedure that requests the discretionary share in the uninherited property case.