The Perfection Of The Legacy Support Agreement System In China From The Perspective Of Legislation

China’s aging population structure is increasingly severe,and young and middle-aged couples are shouldering the important task of "caring for the elderly and the young",two young and middle-aged couples not only need to take care of one child to study and live,but also need to take care of both elderly parents.If both parents do not live in the same city,their parents cannot be properly cared for.However,at the present stage,China’s social security capability has not reached the level of ensuring the life of everyone who needs assistance.Since China’s Inheritance Law established the legacy-support agreement system in 1985,the application of the system has become a private way to solve the difficult problem of providing for the aged,which is of great significance for dispersing the social security pressure in the country.This article takes the case of the court’s effective judgment as the breakthrough point to discuss the gap between the legislation and the judicial practice of the legacy-support agreement system at the present stage,so as to explore the existing problems of the legacy support-agreement system.Through the analysis of the nature and characteristics of legacy-support agreements,it is found that there are some problems in China’s legacy-support agreements,such as unclear legislation on the subject,form,content and effect of the agreements,lack of supervision and guarantee mechanism for the implementation of the agreements,and lack of legislative norms for the dissolution of the agreements.Through theoretical analysis,comparative analysis and relevant literature research,the author attempts to put forward specific thoughts on perfecting the legislation of legacy-support agreement in China.The author also proposes to expand the scope of the main body of legacy-support agreement,specify the signing form and content standard of legacy-support agreement,specify the priority standard of effectiveness between legacy-support agreement and "mandatory shares",common creditor’s rights,strengthen the safeguard measures for the performance of legacy-support agreement system,and specify the legal consequences and other legislative suggestions.It is hoped to perfect the legislation of legacy-support agreement in our country.People can use the legacy-support agreement system to solve the difficult problem of providing for the aged in our country and resolve the family disputes arising from providing for the aged,so as to realize the harmony and stability of the whole society.