The Research Of The Identification Of Virtual Dependency Relationship In Inheritance Law

It has been 35 years since the “Succession Law” was promulgated in 1985.During these 35 years,certain changes have taken place in China's social relations.Although the “Marriage Law” has been revised and four judicial interpretations have been issued,there are still some problems in determining the succession of step-relative in kinship.The "Inheritance Law" also stipulates that the successor relatives who have " foster relationship" enjoy the same legal inheritance rights as the same relatives being made up.However,under the premise that the standard for the succession of relatives to be consanguinity was not clearly stipulated,how to obtain the legal inheritance right also became a problem.It is under this doubt that the author has written this article.This article is divided into three parts: introduction,body and conclusion.Among them,the text is divided into four chapters.The introduction contains the author's questions,analysis of research value and significance,literature review and main research methods,and analyzes the structure and possible deficiencies of the article.In the first chapter of the main body,the author studies the historical evolution of the following step-relative relationship,and when the "fact foster relationship" appeared,why it was produced,and who was applicable.Then it analyzes some controversial views in the current academic circle,and analyzes the meaning of "fact support relationship" from the perspective of legal hermeneutics.In the second chapter,the author summarizes the main factors that determine the succession of relatives to form a fictional blood relative in current judicial practice,and analyzes it with a case.In the third chapter,the author summarizes the problems and deficiencies of current relatives and "factual relationship" in judicial practice,and summarizes the essence of "factual relationship" as a stable relationship and the theory of legal inheritance of the next relative.The contradictions are pointed out.In the fourth chapter,the author puts forward the clarification of the concept and scope of succession,takes the stability of kinship as the criterion for the identification of "factual relationship",and puts forward the theoretical inference that there should be no legal inheritance right between succession.At the end,the author summarizes the issues raised in the article and the ideas of legal reconstruction.