Research On The Legislative Construction Of Subsequent Succession System

In the law of succession,due to the private nature of the law of succession,the principle of testamentary freedom is at the core of the law of succession.The subsequent succession system is controversial because of the special features of the system itself,and the legislation of various countries also adopts different attitudes towards the subsequent succession system.China,as the country with relatively loose provisions on testate succession,does not stipulate this system in the legislation.Although there are few researches on the subsequent succession in our country,whether it should be established in our country,how to seek the balance between the former heir and the latter heir to protect the rights,how to connect and coordinate with the existing system of our country is still the focus of the research on the subsequent succession.Based on this,this paper,through the study of the basic theory of subsequent succession,and combined with the reality of our country,thinks that the establishment of subsequent succession system in our country is very necessary.First of all,this paper expounds the basic theory of subsequent succession.In order to solve the problem of the legal status of the subject which has many disputes in the academic circle,this paper analyzes the legal relations of subsequent succession.Secondly,this paper analyzes the different views of scholars on the necessity of establishing the subsequent succession system in China,and demonstrates the necessity of establishing the subsequent succession system in China.Thirdly,through the method of comparative analysis,the author investigates the foreign subsequent succession system,and provides some experience for our country to build the subsequent succession system.Finally,as a controversial system in the academic world,It is not easy to establish the subsequent succession system in our country.On the basis of the current situation of legislation and social reality in China,this paper puts forward a series of detailed suggestions,from the system arrangement in legislation to the specific system design,on the construction of subsequent succession system.Although there are still some deficiencies in the study of the subsequent succession in this paper,it is still expected to provide a reflection for the construction of the subsequent succession system in China,so as to make it play a greater value.