The Reflection And Improvement Of The System Of The Inheritance Of No One In China

In real life,after the death of the decedent,the situation of the heir giving up inheritance or no inheritance happens from time to time.Article 32 of China's inheritance law directly stipulates the ownership of no inheritance and no legacy without corresponding procedural guarantee.The theorists mostly discuss the ownership of the heritage without inheritance from the perspective of substantive law,and only this article can not confirm that the heritage belongs to the situation of no inheritance and no legacy,it is difficult to protect the interests of creditors when the heritage is not inherited,and it is not conducive to the orderly distribution of the heritage of the relevant right holders.Based on the analysis of the cases of the non inheriting heritage,combined with the relevant foreign systems,this paper reflects on the way of dealing with the non inheriting heritage in China,and analyzes the system,so as to provide theoretical support for the judicial practice in China.This article is composed of introduction,text and conclusion.The text is divided into four parts.The first part: it elaborates the concept of the unmanned inheritance,compares and analyzes the concept of the unmanned inheritance with the neighboring concepts,and sorts out the legislation of the unmanned inheritance system,so that the unmanned inheritance has a clear definition and a comprehensive grasp.The second part: through the analysis of the typical cases of the inheritance system,we can get the problems in the development of the inheritance system.This paper points out that the legal heirs system is not perfect,the search announcement is missing,the defendant in debt settlement litigation is difficult to determine,and the liquidation procedure is missing.The third part: the comparative analysis of the inheritance system of Russia,Japan and France,learning from the useful experience of other countries,and providing reference for the improvement of the legislation of inheritance law.The fourth part: in view of the question of our country's inheritance system,it puts forward the feasible suggestion.Combined with the actual situation of our country,this paper discusses the system of our country's unsubstantiated heritage from four aspects: perfecting the system of legal heirs,setting up the procedure of search and announcement,making clear the defendant of debt settlement litigation,and setting up the procedure of estate liquidation,and puts forward relevantlegislative suggestions.Make the inheritance law of our country keep pace with the times and adapt to the social development.