| The statutory share system originated from ancient Rome is adopted by most of the countries in world. Domestic scholars at at large suggest to set up this system in our country due to the defect of the current Inheritance Law in comparison of foreign countries’.But they neglect the importance of traditional culture and native resources. This paper aims at filling up this vacancy by unscrambling’family-centered standard’ tradition in ancient China, clearing up customs of dividing families, expounding the intercommunity of property system and eyes on social benefit of ancient and modern times, proving that the statutory share system possesses traditional basis in China.Part one discusses the cultural soil of setting up this system in China. Chinese tradition pay special attention to family members’benefits to stable family internal relationships and enhance family cohesion which the statutory share system agrees with. Part two demonstrates the intercommunity of property system of ancient and modern china to allay fear of feasibility of the special share system. Meanwhile, original intention of the statutory share system is to fit family values, which means it doesn’t depend much on the property system. Part three tells us that ancient China gives priority to statutory succession while modern countries have come to a consensus that testamentary succession is privileged. The’statutory share’ becomes a buffer strip between the two succession systems and is implied in the customs of dividing families, which makes it more acceptable by the populace. Part four indicates the statutory system coordinates with ’the thought of Da Tong’,social standard in ancient China and general attention on social benefits of modern countries. Modern value of the statutory share system powerfully makes up the lack of compulsory share system in current Inheritance Law of China.The paper concentrates on culture, property, custom and social significance to prove that the statutory share system has traditional basis. The author thinks that a system should adapt to culture. Great influence of the statutory share system in other countries doesn’t guarantee same effect on China. The’family-centered standard’ tradition rooted in economic, culture and politics makes China differ greatly from western countries. Benefit of a family is privileged. But the family should take its members into account in turn, which means all near relatives of the death should have the right to inherit some property when talking about inheritance. Correspondence the statutory share system has with this idea makes the true cause of setting it up in China. Despite some differences between dynasties or districts, it’s a regular practice to leave some property to the near relatives when one dies.This shows the statutory share system complies with popular will, and we may be confident about establishing it in China. Moreover, to solve the basic living problem within a family is undoubtedly a relief of the society especially for China, as the social welfare system is far from perfect at present. |
