Our Current Lack Of Testamentary Succession System With Perfect

Testamentary succession system is the current succession law stipulated in chapter 3 of the content. Mainly includes wills freedom, bequest freedom, will form, etc. With the development of economy, the increase in the number of private property. The current testamentary succession system for the succession law provisions of growing significant disadvantages. Can't satisfy the current social development needs. This paper tries to analysis "Hangzhou bequest case" and "Luzhou bequest case" is law and social development does not adapt portraiture, testamentary succession system is to reveal the malpractice of example. Two cases were the testator by his successor before property other than the statutory successors is donatives person is also triggered will free the court judgment, big difference is that difference. Thus, to think of two cases.This paper is divided into three parts:first, this paper introduces two cases case and court and relevant disputes to the case facts, author, court made comments, combining dispute from combining case, starting in the current debate, leads testamentary succession institution deficiency Secondly, involved in this case the legal problems and core legal issues, regression analysis of the respectively in the succession law about testamentary succession system regulation, based on the differences and similarities between the two cases, according to the analysis of existing laws and regulations to crop the facts about the facts basically the same court case there are two different judgment, because the judge in the application of substantive law bias in the applicable legal principles and rules on the priority of judgment, eventually lead there exists different is rooted in the dispute of the succession law testamentary succession regulations is imperfect. At last, according to the second part found questions one by one. Make perfect testamentary succession system proposed changes to the current legislative proposals and hearing such cases, including the specific countermeasures in the inheritance law made clear in the situation of our country present stage establish a suitable "special leave a system", clear bequest object scope of, lists clear disgraceful consideration of meaning, strengthen the principle of judicial body capacity building and moral construction.