Research Will Explain The Rules Of The Harmonious Society

Along with the fast development of economy in our country,the private possession of property is increasing,and family relationship becomes more complex.More and more people tend to use the form of a will to dispose his heritage.Inevitably,testamentary succession disputes are increasing.Judge,when dealing with disputes,will inevitably involved to wills effective acknowledgment and understanding of the will’s content.But,different understanding of the will’s content,will lead to the opposite result.So,the interpretation of the will’s content will highlight.However,our country "inheritance law" has no rules for testamentary interpretation.Testamentary interpretation by judges in the judicial practice has no unified rules to follow,often appear "different connection with the same sentence" phenomenon.In theory,the research of scholars less,although foreign related laws and judicial practice has a will explain,but has not formed a unified system.Based on the above reasons,our country urgently needs the specific rules for testamentary interpretation.This article consists of four parts:The first part introduces the two major theoretical basis of this article, the theory of harmonious society and the intention theory.Theory of harmonious society in the macro guidance on the writing of this paper,explaining the rules in this paper in order to achieve social effect which contains reasonable resolving disputes, achieve social harmony.Intention is the nature of the legal behavior elements.Main research contents in this paper will explain the object-will which belong to the unilateral legal act.The intention theory in this paper, is the research content for theoretical basis;The second part is to explain the concept,objective,significance,etc.The goal of the testamentary interpretation is to explore a testator meaning.This target is advantageous to the reasonable processing will disputes,in line with the principle of "private law autonomy",is beneficial to harmonious society construction;The third part mainly introduced the our country Hong Kong,Taiwan,France,Germany, Britain and the United States,Russia,Ethiopia and other countries in the legislation and judicial practice of the provisions of testamentary interpretation,and combed,and analyzed;Fourth part as the core.This paper puts forward the concrete testament interpretation rules for our country, mainly for the direct interpretation rules,rules of as far as possible make wills effective,value rules,limited applicable rules of testamentary evidence,and to explore the relationship between these rules.