Research On The Subsequent Succession System In China

Prior to one’s inherited life,the deceased passed the estate to the former heir by making a will.When the specified conditions are fulfilled or the specified period comes,the former heir will then hand the estate to the subsequent heir.This succession system is called the subsequent succession system.In foreign countries,this system is already a relatively mature system,because it has many functions,such as satisfy the needs the deceased,keep family property within the family,give full play to the efficiency of the use of the heritage,benefit the heirs at different stages and protect the rights of minors or unborn fetuses.Law of Succession of the People’s Republic of China(hereinafter referred to as “Law of Succession”)which promulgated in 1985 does not provide for this system.With the rapid development of economy and the great changes in China,the accumulation of personal wealth has prompted people’s willingness to diversify their heritage.Strengthening,“Law of Succession” shows lag in many aspects,it is difficult to adapt to the new situation and new problems brought by the changes in the inheritance habits and inheritance concepts of our people.In judicial practice,there have been disputes caused by subsequent succession wills.In the face of such wills,the results made by different courts are inconsistent,and they hold different views on the determination of the validity of the will and the rights and obligations of the heirs.At the same time,although it has not entered the field of litigation,it is not uncommon in real life for the phenomenon of subsequent succession.Many people in our country have achieved the effect of subsequent succession by making mixed common wills.According to statistics,more than half of the people who made will in China chose make subsequent success wills.In addition,the difficulty of remarriage of the elderly in China has become an urgent social problem.With the continuous increase of the divorce rate,the demand for remarriage of the public has increased,which has led to a series of property inheritance disputes,such as the living security of surviving spouse and the protection of the interests of the inherited children.Disputes like these can be solved flexibly through the subsequent succession system.Judging from the existing systems in Chinese law,subsequent succession system is similar to two systems of Intestate Succession However;the differences between them are also very obvious.Comparing and examining the value functions and social needs of other similar systems,subsequent succession system is more suitable for the social foundation of our country.The unique system function of realizing the two transfers of inheritance benefits is more fully used to its full potential,and it can protect the succeeding heirs more effectively and cannot be replaced by other systems.Establishing the subsequent succession system is conducive to making up for the shortcomings of the legal system of Intestate Succession in China,improving the legal system of inheritance,and guiding family property disputes.At the level of designing specific rules and regulations based on the problems existing in China’s judicial practice and the needs of social reality,drawing on the mature legislative experience outside the region.The method of confirming the former and the subsequent heir,the scope of the inheritance involved in the will,and the rights and the obligations of them needs completely constructed.