On The Forced Heirship Of Chinese Inheritance Law

Testamentary succession system is an important part of our country’s heritage system.With the continuous development of China’s economy,the personal wealth of Chinese citizens has gradually increased,and more and more people choose to inherit the heritage by will.China’s inheritance law recognizes the principle of freedom of will,and the decedent has the right to dispose of his property by making a will,but any right and freedom should not be unlimited,and the freedom of will is no exception.In recent years,there have been a large number of cases of abuse of testamentary rights in China."The case of the third party bequest in Luzhou,Sichuan" and "the case of nanny bequest in Hangzhou" are two typical cases of abuse of freedom of will by the heirs,which are widely concerned and discussed by the society.Inheritance has strong family ethics.The content of will should not violate the law and social ethics,so the law should limit the freedom of will.The statutory share system is a legal system that the law of inheritance restricts the freedom of will.However,due to the limited scope of the obligee,the statutory share system cannot completely solve the problem of abuse of testamentary right by the decedent in China.The forced heirship is a general legislative example of the inheritance law of civil law countries.The purpose of the legislation is to guarantee the inheritance rights of the legal heirs,and it has the functions of maintaining family harmony and stability and family ethics.Compared with the statutory share system,the forced heirship has a broader scope of protection for the legal heirs and more explicit provisions on the scope of the obligee and the share of the reserved estate.Therefore,the establishment of the forced heirship is an effective way for Chinese laws to strengthen the restriction on the freedom of will.By analyzing typical cases,this paper studies the contents,characteristics and functions of statutory share system and the forced heirship,and demonstrates the necessity of establishing the forced heirship in China.By studying the relationship and influence between the forced heirship and our country’s legal principles,inheritance habits,moral requirements,this paper demonstrates the rationality of establishing the forced heirship in our country.This paper focuses on the construction scheme of the forced heirship of China,coordinates the relationship between the forced heirship and the current legal system,draws on the useful experience of foreign laws,takes into account the social situation of China,inheritance habits and other factors,and puts forward reasonable and detailed Suggestions on the construction of the forced heirship.In addition to the introduction and conclusion,there are three chapters in the body of this paper,and the whole paper contains about 46,000 words.The first chapter of this paper analyzes the typical cases,summarizes the main cases of testator’s abuse of testamentary rights,analyzes the deficiencies of the statutory share system,expounds the characteristics and functions of the forced heirship,and proves the necessity of establishing the forced heirship in China.In the second chapter,the author demonstrates that the forced heirship conforms to the legal principles and inheritance habits of our country,studies the moral foundation and comparative law foundation of the forced heirship,and proves the rationality of the forced heirship in our country.The third chapter of this paper puts forward the legislative plan of constructing the forced heirship,including the legislative model,the scope of the right holder,the share of heritage reservation,and the relief and protection of rights.