The Changes Of Property Inheritance System In Modern Chinese Civil Law

The development of the social legal system in modern China is a process of continuous collision and fusion of traditional law and Western law.During this process,the traditional family system gradually collapsed,a new legal system was rebuilt,and civil law was gradually modernized.This interactive situation of constant compromise and breakthrough between traditional law and transplant law is particularly evident in the field of modern property inheritance system.In view of the profound traditional and national character of the property inheritance system itself,it is of great significance to study the changes of the modern property inheritance system to further understand the modernization of civil law and the reform of the modern legal system.In the process of the change of the property inheritance system in modern times,the inheritance of Zongyu was gradually abolished at the legislative level,and the inheritance of property was able to get rid of the inheritance of identity and move towards the inheritance system based on property inheritance.The principle of sexuality was also established.In judicial application,the Dali Yuan in the early Republic of China modified the provisions of the current law as appropriate in judicial trials,which improved the legal status of women in the field of property inheritance.After the promulgation of the "Civil Law of the Republic of China",the principle of equality of inheritance rights was also reflected at the judicial level.As a result,the changes of the modern property inheritance system as a whole reflect a trend,that is,the gradual weakening of familism and the rising of individualism and rights consciousness.China’s modern legal system reform under the background of legal transplantation has repeatedly weighed between reform and conservatism,striving to seek a balance between law and society,in order to play the legal effect.However,due to the particularity of the society of the Republic of China,the continuous collision and integration between national legislation and traditional etiquette,transplantation law and local law,some of the rules of the property inheritance system only remain in the form of change,and the law is difficult to play an effective role in social reality,resulting in A situation of conflict and fusion between the legislation and the judiciary.Therefore,taking history as a mirror,summarizing the experience and lessons of modern legal system reform,and coordinating the relationship between transplant law and local law,national law and traditional etiquette from the perspective of legal system have great reference value for the construction of the rule of law in China today.