The Legislative Reflection And Perfection Of The Right To Request The Discretionary Distribution Of Heritage In Our Country

The inheritance discretion system is an important part of the inheritance law of our country,and the legislation of the inheritance discretion claim is the unique supplementary constitution in the inheritance law norm.Based on the existing legislation and the reflection and perfection of the legislation,this paper pursues the track and value of the development of the system through the multi-disciplinary research methods of legal history,comparative law,legal philosophy,ethics and so on.Based on the existing norms of our country,the makes a sober and rational and systematic system of inheritance laws in China The mechanism of interest equity is designed to perfect the system of China’s heritage claim.The text is divided into five parts:The first part "introduction " : based on the basic understanding of the legislative purpose of the right to claim the inheritance,through the basic description and systematic analysis of the current situation of the system at home and abroad,demonstrates the theoretical value and practical significance of the research on " legislative reflection and perfection of the right to claim the inheritance " as the topic of the thesis.The introduction of the basic ideas and innovations of writing makes clear the main contents,the dimensions and the scope of writing.The second part "case and question thinking " : through displaying the judicial case and judgment result of the right of claim of inheritance,it is found that there are difficulties and puzzles in the judicial exercise of this right,the reason is the deficiency and deficiency of legislation,and the system evaluation is made on the existing legislation.The third part "theory foundation " : in order to demonstrate the important position and function of the legislation in inheritance legislation,this paper combs the theoretical basis of the concept interpretation,nature definition and value function of the right of claim.On the basis of the concept of " claim right ",it defines the right as creditor’s right,and affirms its value and function in realizing family ethics,fair value and sound system.The fourth part "the heritage discretion request right norm inspection " : through the understanding and the analysis to the inheritance discretion request right existing legislation norm,points out the inheritance discretion request right existing legislation and the judicial existence insufficiency,provides the theory and the practice basis for the further development legislation suggestion.The fifth part "the legislative perfection of the right of claim of inheritance discretion " : based on the shortcomings of legislation and justice,combined with the compilation of the Civil Code succession of our country,from the two dimensions of system perfection and supporting measures,this paper puts forward some suggestions on legislative perfection and judicial advancement in the aspects of legislative principle,normative content,heritage management,heritage list and heritage preservation.Conclusion: The right of claim of inheritance is an important component of inheritance system.At the same time,the legislative theory and judicial practice should be taken as the starting point to perfect the standard and realization path of claim of inheritance,and then give full play to the legislative value and judicial effect.