Basic Conception Of Perfecting Forced Heirship System

The current Chinese Inheritance Law was enacted in1985, which set the principle of free wills and other provisions. But all these provisions fit in with the then prevailing political and economic situation, and the social development level. However, since the reform and opening up and the in-depth structural reform in all areas, people’s material life and awareness of life has undergone tremendous changes: awareness of rights and legal concept constantly enhanced. Although Article19of Inheritance Law has relevant provisions of the restrictions on testamentary freedom, it is not enough only to rely on this clause to restrict testamentary freedom, because this single provision can not protect the inheritance interests of the next of kin. and the drawbacks of the original rule of law become more and more prominent.In this context, this paper sets legislation improvement of the inheritance law, especially the construction of Forced Heirship System in China as a research topic, starts from a typical case of Luzhou bequest case, and analyses the legislative status quo and shortcomings in Chinese restrictions on testamentary freedom. Through the introduction of foreign restrictions on testamentary freedom-Forced Heirship System, this paper makes a clear distinction between the two systems and their connection, and on this basis draws the conclusion that "our country should establish as soon as possible Forced Heirship System to improve the shortcomings of the existing system’" Also, on the basis of borrowing ideas from relevant foreign regulations, this paper will give a detailed discussion on how to build Forced Heirship System in line with China’s national conditions on obligee, share, computing standards, protection of rights, etc.. and specific ideas will be offered.The body of this paper is divided into the following four parts:The first part:reconsider the old case and raise the problem. This part gives a comprehensive introduction to the basic facts and the final verdict of Luzhou bequest case which has aroused widespread concern. Then both positive and negative aspects of the dispute caused by the case will be reviewed, and finally a clear and rational approach will lead to deeper thinking of testamentary freedom and its limitations. The second part:in order to avoid similar dispute caused by Luzhou bequest case, it is necessary for us to have a clear understanding of testamentary freedom and its limitations, so this part mainly elaborates testamentary freedom and its limitations. The implication and classification of testamentary freedom will be defined first, and the existence of testamentary freedom will be confirmed through the analysis of the social significance of it. At the same time, the necessity of restricting testamentary freedom will be analyzed through legal principle, and the restrictive provisions of testamentary freedom both at home and abroad will be introduced.The third part:The restrictions on testamentary freedom are mainly reflected in the system of certain heirship and forced heirship, so this part mainly introduces the relationship between the two systems. On analyzing the features and properties of the two systems, this paper makes a in-depth comparative analysis of the two systems, thus building a good foundation for the next part.The fourth part:Raising questions and analyzing them are only the prelude of solving a problem, and the key lies in how to solve the problem. As a result, this part is the main part of this thesis, which introduces the problem of building forced heirship system. First of all, this part introduces the basic information of forced heirship system, pointing out its theory and realistic proof for its existence; next, this paper makes a detailed conception for the building of this system, including aspects like the subject, share, preserve, renounce, and timing, etc. At last, this paper ends with the conclusion of a coexistence situation of certain heirship system and forced heirship system.