The Empirical Investigation On Inheritance Customary Of Linying Area

The Empirical Investigation on inheritance customary of Linying area is a investigation report using qualitative and quantitative methods which involved the inheritance customary in Linying area located in the middle of Henan province. The report goaled to understand the thought and behavior of the inheritance and other forms of transfer of legacy of people living in the middle of china, as well as the emergence of new situations and new problems, research on these and forecast the trend of inheritance problem, we can provide some current legal status for china's legislators to constitute correlated law.In the past 20 years, china made a large progress in development in the social, economic and political areas. Alonged with the establishment and perfect of the socialist market economy system, there are many new situations and problems appeared in various fields. In addition, it is well known that the traditional Chinese stress natural harmony, and people of the country "dislike of First Instance", and "inheritance" is only a "home-affair", so the cases of succession which are forcibly regulated is very few, and the majority of people accepted of the existing laws, meanwhile used to abide by local customary ,all these mixed with moral and ethical factors, formed "the law of succession" which is actually a kind of customary. Through the report ,the author wants to know of these habits, which part is consistent with the existing law, which part is different from? Whether the law in line with the real-life situation or not to some extent? Is it needed to regulate the law?Based on the above purpose, the author gave a brief presentation of genesis and significance of the investigation in the first part, then introduced the design and structure of the questionnaire, feasibility of the survey and limitations of methods in details. The main part of thesis focused on the investigation and analysis of the contents, which covered with the area introduction being investigated, the basic situation and law awareness of respondents, of course, above all are just background investigation. Statistical analysis on the concrete implementation of inheritance in rural areas is the top priority in this paper, and in this part, the author using a large number of forms to list survey data which made the investigation more clearly, the most importance focused on the application of the testament, the order of succession , females' succession status, the distribution of the estate, the loss of inheritance rights, the determination of the scope of heritage and so on, with that analyzing the features and causes of the habit of Linying people in estate inheritance. Finally, in accordance with survey data and in-depth analysis, the author would like to give the appropriate conclusions and legislative recommendations.