On The Construction Of The Inheritance Of The Special Retention System In China’s Civil Code

Individual citizens have full disciplinary rights over all their property,Generally,when making a will,they basically make corresponding meanings according to their own likes and dislikes,with strong subjective feelings.This may lead to excessive flooding of individualism.In particular,it poses a serious threat to social relations such as public morality and family ethics.Freedom of wills should reflect individualism and reflect socialism.The two are not absolute conflicts.It is contrary to the promotion of individualism and the pursuit of easing social contradictions,maintaining public morality,and establishing harmonious and beautiful social relations.Therefore,it is necessary to establish a sound system of special retention in a statutory manner and to make necessary regulations on the act of freedom of complete personal meaning.China’s system of must-stay is very national,and it is developed on the basis of the Law of Succession.Although this system has certain restrictions on the free will of wills,with the development of society,the defects of the system of reservations become more and more obvious.In today’s era,social wealth has begun to accumulate,and traditional ideas and ethics have begun to change dramatically.The lag of the construction of the legal system has gradually emerged.When personal wealth is treated as a legacy,a large amount of property has been given to “outsiders”.The protection of family wealth and the inheritance rights of legal heirs has been greatly affected.The demand for the freedom of wills and the protection of the inheritance rights of legal heirs cannot be met by the system of mandatory reservations alone.The system of special residences that originated in ancient Rome has been around for thousands of years.Through the accumulation of history,it has become an important measure of freedom of will in European countries.The limitation of the special retention system can also be applied to our country.At present,China is in the midst of a tough period in the compilation of the Civil Code.The draft of the new civil code inheritance has been introduced.Looking at the full text of the draft does not contain any words about the construction of the special reservation system.However,as far as the status quo of our society is concerned,the timing of the construction of the special retention system in the succession articles of the Civil Code has matured.The voice of experts and scholars cannot be ignored.This paper presupposes the basic theories such as the necessity of constructing the special retention system.Analyze the constructive theory put forward by experts and scholars in the proposed draft during the revision of the inheritance law.In response to the current theoretical differences in China’s special reservation system,individual legislative proposals are proposed.Establish a complete system of special retention systems to make up for the lack of existing legislation.Complicate complex social and family issues that exist in heritage inheritance relationships.