Li Xuehua, Fan V Fan Yang Ye Group, Cane Inn Inheritance Dispute Legal Analysis

In the background of rapid development of the market economy, social conflicts and disputes have become increasingly complex, and family inheritance dispute is an important aspect of contradictions and disputes between the special groups of modern society, a fair judgment of the disputes between the special groups is an important guarantee of maintaining social stability and promoting the economic development. When citizens rely on private strength to seek solutions encountered in difficulties, it is necessary to resort to the national public power. However, a series of newly emerging inheritance dispute on the basis of the existing laws cannot get a fair judgment. For example, due to the particular relationship between family members, they tend to express their desire ambiguously so that causes divergence between parties; in the face of the heritage segmentation problem of artificial insemination child’s parents divorced or one died; the issue of share illegal debts owed by one party between husband and wife. Due to the law has its own hysteresis and stability, the existence of this phenomenon make the legal authority in social members’mind are weakened. Therefore, we must seek a kind of optimized law to deal with these problems, this need us to keep pace with the times and refer to a large number of senior scholars’ theories in combination with a lot of practice, in which to explore a series of reasonable plan, only in this way can constantly perfect law to adapt to the current needs.This paper is based on a typical family inheritance dispute as the breakthrough point; first introduce the basic case and the court judgment. Secondly, the focus of the dispute between the two sides which through absorbing the existing academic achievements and make full analysis on several existing viewpoint. For the ambiguous expression in common life should based on the real thoughts when people expressing their desire as well as the local people’s understanding, we should make the determination divided into two and cannot make size fits all; Make the definition about the legal status of artificial birth children, which enjoy the same rights and obligations as legitimate children; for the debts owed by one party of couples, as long as their income to family life needs, it should be identified as couples’ common debt rather than personal debt. At the same time, for a series of analysis of claims about both sides, pointed out the defects during the trial, and put forward my own views and reflect on the judgment of the court. Finally raises some thinking for this case and hope to provide some thoughts to the court in similar trials.