Research On Subrogation Inheritance System

Subrogation inheritance is the symmetry of local inheritance,which is also known as "indirect inheritance" or "surrogate inheritance.It is a special form of legal inheritance.It has been nearly 35 years since China established the system of subrogation inheritance in 1985.With the rapid development of society and the changes in people's concept of social life,the system has been clearly unable to meet the needs of the current society and the masses.The problems it exposed in judicial practice are more and more obvious,therefore,it is urgent to perfect the system of subrogation inheritance.Based on the theoretical analysis,this paper combs and discusses the system more deeply in the comparative field by the nature and legal characteristics of the system of subrogation inheritance and it's to reconstruct a more perfect system of subrogation inheritance in order to reconstruct a more perfect system of subrogation inheritanceIn addition to the preface and conclusion,this paper is divided into the following four parts.The first part is an overview of the system.First of all,it defines the concept of subrogation inheritance and takes advantage of the method of theoretical analysis to clarify the specific meaning of subrogation inheritance;in addition,it is to sort out the system from the perspective of historical development,that is,historical evolution;in the end,it's to introduce and evaluate the nature of the system,and it's to expound the irrationality of "representation theory" and the necessity of adopting "inherent right theory" in our countryIn the second part,it's comparison method calibration.The subrogation inheritance begins with the inheritance of shares in Roman law.After years of reform,whether it is nature,applicable conditions,subrogation scope and inheritance scope,countries have made certain restrictions and changes in accordance with their own needs on the basis of following the system.In this paper,several representative countries are selected for comparative analysis,so that it can learn from others' strong points and close the gap in order to improve and perfect the reconstruction of our system.In the third part,it's to make a specific analysis of specific issues.In the part,it will focus on the analysis of several outstanding problems existed in China's subrogation inheritance system,for example,when the order of death between the heirs and ancesters is difficult to confirm,whether the subrogation inheritance occurs;Widowed daughter-in-law,son-in-law and other specific groups of subrogation inheritance and subrogation in the question and whether widowed daughter-in-law,son-in-law and other specific groups can achieve subrogation inheritance and belongings and deduction of property in the subrogation inheritanceIn the fourth part,it's institutional reconstruction.By combing the theory of the above three parts and learning from the legislative experience of other countries,the basic direction of improving legislation of subrogation inheritance system is drawn,that is,under the guidance of "inherent right theory ",the causes of subrogation inheritance are supplemented,and the scope of subrogation inheritance is further refined,etc.