The Establishment Of The Forced Heirship System Research In China

The Succession Act has been prograduted more than 30 years.During the time,the legislature has never amended it.However,with the development of the society,the public's wealth has been increasing,and the family structure has changed constantly,which is from the extended family of the original three to the current small family.At the same time,people's conception is changing.So the phenomenon that some people prefer to bequeath all property to others rather than family relatives.The act depatures from the kinship ethics,and damages the beneficiary of the legal sucessors.The reasons why this phenomenon takes place that the forced heriship system doesn't establish in China.Though the ertain heirdom has prescribed in Succession Act,it different from the forced heriship system on many sides,such as legislative effect,civil rights subject,heritage share and so on.Nowarday many civil codes in other cuntries has prescribed the forced heriship system in order to restrict the freedom of will,protect the relationships among family relatives,and make the heritage share support the old and child-rearing.Morever,many domestic scholars consider the forced heriship system shall be established in our countries.Based on the backgroud of the society,the author hope to offer some proposals on Compilation of Chinese civil code by reseaching on the theory of the forced heriship system and learning from foreign legislative experirnce.There are more than 30000 characters in total except the introduction in the text,including five parts.The first part introduces the basic theory of the forced heriship system.Firstly,this part mainly introduce the origin of the system and the historical development in order to reveal the legislative purpose of the system.Secondly,it illustrates the nature and characteristics of the forced heriship system.Thirdly,it introduces the legislative of function of forced heriship in order to analysis the necessity of the forced heriship system and lay a foundation for legislation suggestions.The second part is the comparison and analysis of the forced heriship system of foreign legislation.Through the elaborations of the continental law system countries such as France,Germany,Switzerland,Japan,the author summarizes the similarities and differences on foreign countries by comparison and analysis so that offer legislative proposals for our countries.The third part is the present condition of legislation in our country and the problems which the lack of forced heriship system lead to.This part demonstrates the differences between the forced heriship system and the statutory share system by analysising the current legislation and illustrating the differences.Therefore,establishing forced heriship system is necessary.The fourth part is the legislative proposal of setting up the system of Chinese forced heriship system.Based on the above discussed below,drawing lessons from foreign legislative experience,studying and analyzing the legislative suggestions of draft legislation system of our country to put up a legislative proposals.