Research On The System Of Special Reservation

With the rapid development of the socialist modern economy,citizens of our country have begun to accumulate a large amount of private property.As one of the main means of privately disposing of property,the will will be greatly increased in practice.However,without restricting the will and allowing the heir to arbitrarily punish the will,it will make it difficult for the heirs who should inherit the inheritance to realize their inheritance rights.Therefore,it is particularly important to restrict the freedom of the will,so that the inheritance rights of the heirs can be implemented.There are many ways to restrict the freedom of testament in various countries,but after investigation,we can find that it is mainly to establish a special reserve system to limit the freedom of testament.The special reserve system has been developed and perfected after thousands of years of testing,and its role has been gradually recognized and accepted by most countries.However,there is no special reservation system in our legislation.What it stipulates is a mandatory reservation system.China’s "Inheritance Law" came into effect formally in 1985.At that time,the country’s overall economic development was weak,so there was little demand for citizens to protect inheritance rights.However,with the continuous development of the times,China’s economic strength has increased,and the current mandatory share system has been diff-icult to solve the emergence of a series of serious problems due to its existence of excessive restrictions on the rights subject standards and fuzzy inheritance share standards.New problems and new demands have made it difficult to resolve the legislative needs of China’s socialist modern economy.Therefore,China urgently needs to establish a special reserve system to solve the corresponding problems.And coincided with the compilation of the Civil Code,the establishment of the special reserve system is conducive to further improving the legislative structure of China’s "Inheritance Law" and establishing a more scientific and complete legislative system,thereby promoting the further development of China’s socialist legal process.This article begins with a basic overview of the special reserve system,and discusses its concepts,characteristics,historical evolution,and necessity in order to generate a basic conceptual understanding of the special reserve.Secondly,we will investigate the system of extra-territorial reservations in combination with China’s national conditions,so as to seek a legislative structure for special reservations that suits China’s basic national conditions.Next,in light of the various representative issues in China’s current trial practice,it points out the shortcomings of the current system.Finally,it puts forward a systematic legislative conception on how to construct a special reservation system with Chinese characteristics,so as to try to establish a scientifically advanced special reservation system that conforms to China’s national conditions.