Research On The Application Of The Principle Of Private Autonomy In The Inheritance Syste

As a basic principle of civil law,the principle of private right autonomy runs through all sides of civil law.This paper mainly studies the application of the principle of private autonomy in inheritance system.With the increase of the citizen’s personal wealth,the attention to the awareness of personal freedom right and the increase of inheritance disputes,however,the lag and one-sidedness of the Chinese laws can not meet the realistic demand,and the interests of heirs,heirs and related people can not be effectively protected.Therefore,it is necessary to integrate and summarize typical academic research cases encountered in judicial practice and overseas,and explore the perfect path for the application of private right autonomy principle in the succession code of our civil law,so as to exert the role of private right autonomy principle in the succession system and try to protect the interests of related people.The application of the principle of private autonomy in the inheritance system mainly manifests two aspects: the embodiment of testamentary freedom and the restriction of testamentary freedom.The principle of testamentary freedom manifests that testamentary inheritance takes precedence over legal inheritance,multi-party negotiation takes precedence over litigation,etc.The establishment of the system of mandatory leaving and the restriction of the validity of the will reflect the restriction of testamentary freedom.At present,our inheritance system faces the problem of structural imbalance,that is,the free space of wills is compressed and the legal inheritance is too strict,which makes the inheritance system not play its role effectively.The conflict of family interests and individual interests,the excessive application of the principle of public order and good customs,the influence of socialist core values and other factors lead to the failure to maximize the functional value of the principle of private right autonomy.In this process,by comparing and analyzing the legislative examples of France and Switzerland to expand the freedom of private right autonomy and France and Italy to restrict the freedom of absolute will,this paper will provide relevant ideas on how to apply the autonomy principle of private right in the inheritance system of our country and refer to it.By combining the inheritance code of our country,we can find that,Reasonable use of the principle of autonomy of private rights can coordinate the conflict of values protected by marriage and family arrangement and inheritance arrangement.Based on the connotation and functional value of the principle of autonomy of private rights in the inheritance system,this paper analyzes and demonstrates the application of the principle of autonomy of private rights in the succession of the civil code,explores the existing problems,and puts forward the corresponding improvement measures,so as to provide more feasibility for the optimization of the law,so as to make the research meaningful and practical.The application in inheritance system is studied and committed to realizing the structural balance between legal inheritance system and testamentary inheritance system.Finally,in the process of expanding the autonomy space of private rights and restricting the absolute testamentary freedom,it will gradually realize the opening of legal inheritance system,the diversification of the realization of rights,the diversification of testamentary inheritance system,and the balance between statutory and autonomy.