Research About Intestate Succession For Stepchildren In China

Statistics on marriage services released by the Ministry of Civil Affairs in 2019 show that,the divorce rate has been going up,and the number of remarriages has been increasing in the past ten years.Stepparents and stepchildren are almost strangers,they are not related by blood,have no rights or obligations for each other.Harmonious relationship between them directly affects the stability of a remarried family.So it is necessary to establish a scientific and reasonable intestate succession system.However,the intestate succession system for stepchildren is no clear and systematic in China,which is too simple and crude to take the wishes of the decedent into account,and it is not in conformity with traditional inheritance customs,goes against the essence of inheritance legislation,also lacks clear and uniform identification criteria.As a result,there are a lot of disputes about the right of stepchildren to inherit in practice.Before we solve these problems,we must analysis the succession of stepchildren in China.First,this article figures out the meaning of the right of stepchildren to inherit,and by comparing two different viewpoints on the necessity of the right of stepchildren to inherit in the academic circle,the author holds that the legal regulation of intestate succession for stepchildren has been deeply accepted in our country.In fact,it helps a lot for encouraging families to support the aged and take good care of the young,has a positive social impact.It is stupid for the legislator to discard the intestate succession for stepchildren as to avoid problems.They should perfect it in view of the existing problems.Based on the analysis of twenty-five legal succession disputes of stepchildren in China,the author sums up the disputes existing in the succession system for stepchildren.For example,the establishment standard of maintenance relationship is not clear,the judgment standard of rescission or maintenance is absent,and there exists inconsistency of rights and obligations between stepparents and stepchildren.Secondly,the author compares the different views of the academic community,the age of stepchildren,the elements of the establishment of the relationship,whether the relationship can be dissolved through negotiation,the conditions of dissolution and the unity of Rights and obligations are discussed in depth.In addition,the author has made reference to the legislative provisions concerning the intestate succession for stepchildren in foreign countries,and has drawn on the legislative thoughts and practices of different countries that deny or affirm the succession right of stepchildren,recognizing that the intestate succession for stepchildren should be clearly regulated in legislation,giving full consideration to the integration of traditional customs with social realities as well as rights and obligations.At last,the author puts forward some suggestions on how to perfect the intestate succession system for stepchildren in China: First,the standard of the relationship should be clear,including the age of stepchildren,the will of the parties concerned,the period of living together,material support and spiritual care,etc.Second,the criteria for determining the dissolution of the relationship should be unified,allowing the parties to negotiate the dissolution of relationship between each other,and explicitly authorizing the dissolution of the relationship in cases where the feelings of both parties deteriorate,there is no possibility of living together and there is abandonment or abuse of family members,the circumstances are serious in two cases;the consistency of rights and obligations must be taken into account when both parties are ordered to dissolve the relationship.Third,the intestate succession for stepchildren should be restricted,including the restriction of double inheritance right,scope of the estate,order and share.