On The Perfection Of The Inheritance System In China

Traditions of family separation are customary laws handed down in traditional Chinese society and play an indispensable and important role in the intergenerational inheritance of property in Chinese families.The habit of splitting is to divide the family property as the main content.It has a binding effect on all family members by signing a written split agreement.This article systematically sorts out the reasons,subjects,objects,contents,and effectiveness and types of separation orders for separation habits,analyzes the commonality between separation habits and national laws,and analyzes the commonality between the two.And how to resolve the conflicts such as the determination of the scope of the division of property,the author believes that we should start from the two aspects of system construction and judicial practice.First of all,in terms of system construction,the civil law subsection inheritance code can incorporate the contents of the separation habit from three aspects to adapt to the reality of the vast countryside.It should be clear about the issue of the common will of the husband and wife;secondly,in the judicial practice of the separation habit,the first is the issue of judicial application of the separation habit.The habit must be applied under the circumstances that are not clearly stipulated by the law.Customs,play the role of custom to make up for loopholes in the law,judges can directly refer to custom to handle disputes,or through judicial mediation to better resolve contradictions.The second is the value orientation of judicial practice.Attention should be paid to the resolution of family conflicts and the realization of good social effects while taking into account the principle of substantial justice.At present,the handling of family disputes in China,especially those related to family separation and analysis,must respect the traditional cultural connotation.In practice,scientific rules and customs are applied scientifically,and comprehensive attention is paid to the settlement of conflicts of property rights and emotional disputes between parties.Humanization,giving play to the inherent value of modern rule of law.