A Study On The Discretionary System Of Inheritance In The Context Of The Civil Code

The system of discretionary inheritance is a system in which people other than the heirs get a certain amount of inheritance because of a certain supporting relationship with the heirs before they live.It is a special way of inheritance transfer except for legal inheritance,testamentary inheritance,bequest and bequest supporting agreement.As an important supplement to the inheritance system,the system provides legal basis for people other than legal heirs to obtain inheritance,and plays a positive role in protecting the weak,solving social problems such as old-age care,and realizing the benefits of inheritance system.However,the current legislative provisions are relatively general,only article 1131 of the civil code of the people's Republic of China and the Supreme People's court's decision on the application of the law of the people's Republic of China Article 20,Article21 and Article 41 of the interpretation(1)of the succession part of the civil code of the people's Republic of China have made brief provisions on this,which makes the system difficult to operate in practice,and brings about a series of problems,such as the complexity and diversity of the cause of action and the confusion of the types of defendants.Therefore,we should speed up the work of perfecting and perfecting the legacy discretionary system both from the legislative and judicial level.This paper is entitled "Research on the system of discretionary inheritance under the background of civil code",including introduction,text and conclusion.The text consists of four parts.The first part: an overview of the system of discretionary inheritance.This part mainly introduces the concept,characteristics,nature and function of the heritage discretionary system.The purpose is to fully understand the heritage discretionary system and clarify the connotation and extension of the heritage discretionary system.The second part: the current situation and problems of the system of discretionary inheritance in the civil code.In this part,through the way of data statistics and charts,on the basis of summing up the judicial cases,it analyzes the deficiencies of the system in the legislative and judicial aspects,such as the unclear scope of the subject of rights,the fuzzy standard of the maintenance relationship,and the absence of the provisions on the priority effect of rights.The third part: the overseas reference and Enlightenment of the system of heritage discretion.Based on the analysis and comparison of the legislative provisions on the system of discretionary inheritance in the civil codes of Chinese Hong Kong and Chinese Taiwan,Japan,South Korea,Germany and Quebec,this part summarizes the experience and gets inspiration from the overseas legislation.The fourth part: on the improvement of the heritage discretionary system.Based on the above analysis and demonstration,this part expounds the necessity of improving the system,combined with the relevant cases in judicial practice,and combined with the actual situation,it gives some specific suggestions from the legislative and judicial levels,such as "expanding the scope of the subject of rights","unifying the identification standard of the maintenance relationship","stipulating the priority effect of the claim right of heritage discretion".