Research On The Construction Of The Inferior Succession System In My Country

The post-inheritance system originates from ancient Roman law,and after a long period of baptism,it has become a system that has been tested in practice.The legal basis of the post-inheritance system is the value of freedom,which reflects the respect for the free will of the heirs.Although China's legislation has not yet established a post-inheritance system,in practice,the post-inheritance system plays a significant role in solving family inheritance disputes,protecting the interests of the fetus,and improving the will-inheritance system.At the same time,there have also been disputes regarding judicial succession in judicial practice.The establishment of a succession system is in line with the needs of judicial practice.Therefore,constructing the post-inheritance system in China's "Inheritance Law" is a new way to maintain the authority of the law,respond to the diverse needs of family inheritance,and enrich the types of will inheritance.In this paper,the development context of the post-inheritance system in the civil law system is used as an entry point.The comparative research method is used to analyze the process from the origin in Roman law to the perfection in German civil law,and summarize the historical experience that can be used for reference.Then the author sorts out the legal relationship of the post-inheritance system in terms of subject,object,and content.In theory,when the will takes effect,the legal status of the post-inheritant has not inherited the inherited right and the right of expectation.In this view,the author supports the viewpoint of the right of expectation and believes that its right structure meets the characteristics of the right of expectation and has an independent right function,so it should be protected by law as an entity right.In addition,it is not easy to construct the post-inheritance system as a new system in China.Therefore,the author has studied the relevant theories on the post-inheritance system,including both the theory that agrees with the post-inheritance degree in China.Including the doctrine of opposition to it,the necessity and feasibility of constructing the post-inheritance system in China were demonstrated.The last part ofthis article gives suggestions on the detailed provisions of the law of the succession inheritance system.In terms of specific system design,the author proposes that: from a macro perspective,the post-inheritance system should be stipulated in the chapter of wills,and the chapter of wills should be arranged before the legal succession.From a micro perspective,first,there are two levels of restrictions on succession in terms of hierarchy and time.Second,the remedies for the loss of rights of the latter successor are clearly defined.The former successor violates the rules of the will to dispose of real estate damage without authorization.The act of the rights and interests of the heirs shall be applied in good faith when satisfying the elements of good faith acquisition,and the latter heirs may claim damages from the former heirs.Third,improve the related supporting system for the latter heirs.Second,increase the obligation to compile the list of the inheritance of the former heirs.