A Study On The Construction Of Forced Heirship System In China

The freedom of testament not only reflects the value logos of civil law of consciousness autonomy of the party,also works as the best manifestation that law provides ownership of citizen' s property with overall protection.However,the freedom would never be absolute for the sake of proper use of rights,which could be well illustrated by the cases of Legacy to matron in Hangzhou and Father' s legacy in Suzhou.According to Chinese succession legislation,the limits on will discretion are only confined to the protection for fetuses or the double-lackpersons(refer to those who sre lacking in abilities to work and source of income),which limits the freedom of testament in any way,but the rules are very diffrently comparing with fored heirship system.Such as the extent of the right body,the characters of the part of possession,the standards of confriming the especial possession,the extent of restricting of freedom of testament and the judicial acts.The purpose of the fore heriship system is restricting the freedom of testament.Compared with the rules in our country,the rules in forigen are more materil and maneurability,and give more restrictiongs to freedom of testament.This is good for protecting the right of the heir at law.Defects happens in judicial procedures due to the vagueness of regulations,so that it' s to urgent to propose a conceived idea to set up a legitim which can meet our needs.The thesis consists of four parts.Chaper one is a lead-in part for the motive of the thesis by narration of two cases,putting forward the idea of legitim in our country.Chater two lays a solid foundation of the basic theories,which includes the concept,history and characterisics of the legitim system.Capter three makes comparison of similarities and differences between two law systems in legitim system.Chapter four analyzes the historic and realistic factors leading to the lack of legitim system in China,elaborates the necessity to establish it.Chapter five emphasizes concrete construction of legitim system of our country,which is based on objective analysis of current will testament law in our country and comparative analysis of legitim systems of nations of the world.