On The Conflict And Fusion Between The Folk Inheritance Custom And The Current Inheritance Law In China

Article 10 of the general provisions of the civil law of the People’s Republic of China,promulgated and implemented in 2017,provides provisions on the application of customs in civil disputes.Applicable laws with relevant provisions and those without provisions shall not violate the customs of public order and good customs.This law provides a good opportunity for the fusion of civil custom and state law.In the thousands of years of historical development in China,the folk traditional custom,as a social order norm spontaneously formed by the people,has played an important social role in adjusting the civil disputes.The current inheritance law of the People’s Republic of China was promulgated on April 10,1985 and came into force on October 1.As a very important basic law in the socialist legal system of our country,it plays an important role in protecting the private property of citizens and solving the legal relationship of inheritance disputes of citizens’ legacies.Our country folk habits is closely related to the construction of civil judicial,so to speak,folk custom is an important reference to our country civil legislation,in our country,especially in China’s feudal dynasty and the modern period of,customs and habits for adjusting the ethnic minority areas,religious populated areas and other large areas of civil legal relationship plays an important role,although the nature of the civil custom with the national laws,but it is with the national laws with the same social functions into full play.Folk inheritance habits as handling public inheritance disputes between social norms in our country,has a profound national culture brand and local amorous feelings,osmosis in people’s ideological concept,after the majority of people generation after generation follow and inheritance,already obtained the widespread approval,still in the rural areas in our country,and even urban public inheritance plays an important role,it must cause as the country enacted law the inheritance law of the People’s Republic of China and how good fusion between folk inheritance custom rules applicable problem,our country from the current inheritance law enacted in 1985,Than our country enacted in 1986,the general principles of the civil law but also a year earlier,when formulated according to the social politics,economy,culture and so on various aspects compared with today have changed dramatically,and in more than 30 years of grassroots judicial practice also exposed many problems in the process,on the 12 th session of the National People’s Congress vote to pass the "general civil law of the People’s Republic of China" will be formally as a source of law,civil law used to have to say that there is about the inheritance law in the civil law is being revised modification is also an opportunity.The author use class and holiday through to the area of on civil inheritance habits,personal interview and questionnaire survey analysis of area in our country folk inheritance habits and conflicts and contradictions between the current inheritance law,as the breakthrough point,for our country is in the revision of the civil code puts forward some legislative Suggestions,the change of inheritance law for our country folk inheritance habits and good fusion between countries enacted law consultation,in order to better modify and perfect our legal system of inheritance,protection of citizens’ property related relations of inheritance law,build a socialist rule of law society.The main content of this topic consists of the following four parts.The second chapter discusses the historical development of the folk inheritance custom in China and analyzes the social,political and economic forms when the current inheritance law is promulgated and implemented.The third chapter analyzes the conflict and contradiction between the civil inheritance custom and the current inheritance law in area of China through the personal interview and the social investigation of the network questionnaire about the civil inheritance custom in area of Province.The fourth chapter puts forward the legislative proposal of the benign integration of the folk inheritance custom and the current inheritance law,and makes an in-depth analysis and demonstration.Figure0;Table1;Reference 40...