Research On The Chinese Traditional Culture And Establishment Of Special Retention System

The system of special residences originating in ancient Rome was adopted by most countries in the world.Domestic academic circles have also generally called for the establishment of a special retention system in China's inheritance law.However,the existing research has introduced the foreign law on this system to highlight the shortcomings of China's current Inheritance Law,and has neglected the traceability of our country's traditions.For local resources digging,by summarizing the common cultural foundation in the special reservation system,this paper summarizes the content related to the cultural basis of the special reservation system in Chinese traditional culture,mainly including the traditional Chinese “home-based” tradition and the “extraordinary” legislative culture characteristics,and the traditional In the four aspects of litigation thought and traditional concept of justice and benefit,the special reserve system has a common traditional cultural foundation in China,and analyzes the positive and negative influences of these traditional cultures on the establishment of special retention system,with a view to inheriting from China.The revision of the law and the establishment of the special retention system paved the cornerstone of the culture,clearing the traditional old ideological obstacles,and better constructing a special retention system that is compatible with Chinese legal culture.The body of this article can be divided into four chapters:The first chapter: the introduction part introduces the social background of the establishment of the special retention system,introduces the case of Zhuhai Wang Daqiang's bequest to the care workers who have lived for more than ten years,and combines the development trend of modern social wills and the current social fragility in China.The social reality of marriage and family relations and the frequency of extramarital affairs is high.It is necessary to establish the necessity and social significance of the special retention system in China.The establishment of the special retention system is of great significance to the improvement of the legislative system and the improvement of judicial credibility.In the second section,the research of domestic and foreign scholars is summarized and summarized.The third section presents the innovations and shortcomings of the article.The second chapter: Overview of the special retention system.The research object of the article is the special retention system.Firstly,the relevant content of the special retention system is briefly introduced,including the specific content of the system,from the legislative system,the special reserve share,the special retention subject and the special reserve protection.The brief introduction is also made,including the origin and evolution of the special retention system.Finally,in order to introduce the traditional culture with another theme of the article,the cultural foundation established by the special retention system is demonstrated in the second chapter.The four chapters demonstrate the main content of the establishment of Chinese traditional culture and special retention system.The third chapter introduces and analyzes the traditional culture related to the cultural foundation established by the special retention system,which is mainly the "family-based" thinking,the "following" legislative culture characteristics,the traditional "no litigation" thinking and the concept of justice and benefit.Four aspects.Chapter Four: The impact of the above four traditional cultures on the establishment of the special retention system is analyzed from both positive and negative perspectives,demonstrating the part of the traditional culture that is compatible with the establishment of the special retention system and the obstacles.The establishment of the system clears the obstacles of thinking and lays a foundation for culture.