A Legal Study On The Introduction Of The System Of Secondary Succession In China

It has been more than 30 years since the promulgation of the law of succession in China,during which many suggestions have been made,but no amendments have been made,Many problems in the field of inheritance law have become increasingly prominent and need to be solved.Among the numerous modification proposals,the proposal of introducing the system of succession by Posteriori is particularly noticeable.The introduction of this system can perfect the inheritance legislation of our country,be connected with the international,conform to the trend of the development of law,and also can provide more sufficient legal support for the practice of inheritance and broaden the means and ways of inheritance of property,also fully reflects the testator of respect for the freedom of the will,to maximize the practical value of the estate,to achieve the best use of things.The system of secondary succession,also called secondary succession,is a special system of testamentary succession,which refers to the succession system in which the property benefits inherited by one successor are transferred to another because of the achievement of certain conditions or the coming of time limit.It originated from the heritage trust system of Roman law,which was inherited and developed by Germany,and to a certain extent by Switzerland and Austria.The system of secondary succession is an imported product.The system of secondary succession is not clearly stipulated in our inheritance legislation,but it is not explicitly prohibited.The academic circles of our country have a lot of disputes about the introduction of the system of secondary succession.The draft proposal for amendments to the draft law of succession of the People’s Republic of China,which was drafted by the Task Group on proposed amendments to the draft law of succession of the People’s Republic of China in 2012,headed by Yang Lixin and professor Yang Zhen,has explicitly included the relevant provisions of the successor succession system,it also foreshadows the introduction of the system of secondary succession in our country.The author holds that the introduction of the system ofsecondary succession has already met certain conditions in the environment of rule of law in China,and China should introduce the system of secondary succession to adapt to China’s national conditions and realize its standardization,in order to solve the dilemma and the uncertainty of dispute settlement,we should perfect the legislation of succession in China.This paper is divided into four parts.The first part first through to a typical case analysis,proposed the secondary succession system related question,leads to this article to study the topic.Secondly,the author analyzes and proves some basic problems of the system,namely,the definition and characteristics of the system,the constitutive elements of the system,and the special situation of the system.In the second part,the author analyzes the contents of the three stages of the system of succession in order to clarify the status,rights and obligations of the successors before and after each stage.The third part is the necessity and feasibility of the introduction of the system of succession by succession by succession by succession by succession by succession by succession by succession by succession by succession by succession.The fourth part analyzes the ideas and problems that should be paid attention to in order to pave the way for the future introduction of the system.