Comparative Analysis Of Subsequent Succession

Subsequent Succession system has rarely been mentioned by the national legislation and theoretical studies. With its ancient origins, the system is of much controversy because of the features of its own that is the value orientation between freedom and efficiency. There is no provision of this system in our existing legislation. Similar cases arising in practice either have been forgotten, or have been solved by assistance from the edge of similar systems. Well, the finally results always come to very different. The legislative attitude to establish the system is urgent. In this paper, the characteristics of the system and the advantages and disadvantages of this system have been deeply analyzed by the method of historical analysis, logical analysis and comparative analysis. We try to find a place for the Subsequent Succession in our law.The paper is composed of five parts, that is:The first part discusses the origins and characteristics of the system. It tried to restore the Roman society living law and find its history from the will of a Roman legacy, and to find the prototype of the system through the legal doctrine of the Roman theory. It analyzes their characteristics from three aspects to make the system clear and personalized.The second part analyzes and discusses the composition of the Subsequent Succession system. It analyzed three aspects which is the subject, object and the contents. It focuses on the legal relationship that is the main content of the rights and obligations. The characteristics of the legal relationship turn more clearly, and the system features are gradually appearing by elaborating the nature of its rights and obligations.The third part compares the Subsequent Succession system with other comparative studies. To find the commons and the differences between Subsequent Succession system and the Supplementary Posterior Inheritance system, Estate Trust system and so on. It makes clear that the Subsequent Succession system is irreplaceable and is of unique value.The fourth part mainly analyzes the national legislative provisions of Subsequent Succession system, trying to find the pros and cons of establishing the system. On one hand, described three kinds of attitudes towards the system which are support, opposite and noncommittal attitude, and analyzed its legal significance; on the other hand, indicate that the disadvantages of the system can be overcome by the law through analyzing the academic attitudes of opposition and support attitude in our scholars; finally, through exploring the positives of the system in the social practice and the legal system, indicating that system does more good than harm.The fifth part proposes some noted problems for establishing Subsequent Succession system. It is mainly draw on the experience and technology of some foreign laws. Taking into account of the real situation, it gives some positive suggestions for establishing the system. We want that the system can play its greater value within the framework of the law in China.