Research On The Application Of Limited Inheritance Rules In China

The limited succession rules have been accepted by most countries in the world,and China is no exception.On the whole,China's "Inheritance Law" is formulated in a more detailed and thorough manner,but due to the more principle stipulated by the legislation,it is not practical in judicial practice.The limited inheritance system stipulated in the current"Inheritance Law" is an unconditional limited inheritance system,and the benefits enjoyed by heirs need not be bound by the performance of certain obligations.This is completely reasonable in the social context at the beginning of the Legislation of the Inheritance Law.However,with the continuous and rapid development of China's market economy,especially the highly active market economy after China's economic reform and opening up,the problems brought about by the unconditional limited inheritance's inclined protection for heirs have become increasingly prominent,and heirs have damaged creditors Interest cases continue to appear.While paying attention to the interests of the heirs,the protection of the interests of the creditors of the heirs cannot be ignored.Therefore,the legal problem that must be faced when implementing the limited inheritance system is how to find the balance point of common interests in the relationship between the heirs,heirs and creditors.This article will elaborate on the issue of China's limited inheritance management system from four main chapters,with specific case analysis as the main entry point,and analyze the impact of the limited inheritance system on the interests of heirs and creditors under the current legislative conditions.The comparison and reference of the legislative model and judicial practice between the legal system countries and the civil law countries lead to the thinking of the judicial practice level on the establishment of the limited inheritance system and further explore the theory and practical significance of the limited inheritance system.