On Our Country System Of Heir Apparent First Order

Legal succession is an important part of our succession system and plays an important role in protecting the private good of our citizens.As an important part of the legal succession system,the function of the first order legal succession system has a great influence on our legal succession system.In our country’s first law,the Civil Code of the People’s Republic of China,named after the “Code”,which came into 2021 on January 1,the provisions on the first-order legal heirs occupy very little space,which has a restrictive effect on the effectiveness of our system of the first-order legal heirs,make it difficult to deal with real-world complications.At present,the main problems are as follows: firstly,it is not reasonable for parents and children and spouses to be listed as first-order heirs;secondly,it is not appropriate to provide for the right of inheritance of step-children and step-parents;and finally,widowed daughter-in-law,son-in-law for in-laws and parents-in-law of inheritance on the basis of inappropriate theoretical basis.Although the academic circles in our country generally believe that there are some problems in the system of the first order of succession in our country,there is no unified answer to the way of perfection.According to the research of domestic and foreign scholars and the current situation of judicial practice and legislation in our country,this paper puts forward the following suggestions in the light of the problems existing in the system of the first-order legal heirs in our country,in general,it should be an equal share,which can be reduced when the parents have better financial ability,and it is stipulated that the property right of the children of the heir,especially the minor children,to the house shall be paid by the parents with the corresponding share of money;In the case of spouses,inheritance is carried out in a non-sequential manner,with the possibility of granting them the right of first refusal for the necessities of life,such as housing,and clearly defining the criteria for the main maintenance obligations and maintenance obligations,in order to reduce discretion or,where such criteria can not be clearly specified,to provide for a system of estate discretion between step-children and step-parents and for widowed sons-in-law and daughters-in-law,can also adopt the way that does not have fixed order inheritance to carry on inheritance.