| With the development of society and the increase of citizens’ personal and family wealth,will,as one of the basic means for citizens to dispose of property,has been widely used in practice.At the same time,citizens abuse the freedom of disposing of property and dispose of property according to their personal preferences have also led to many inheritance disputes and many social problems.Freedom is relative.If the will is not restricted and allow the decedent to distribute the inheritance completely according to subjective preferences will not only damage the statutory heir’s right to expect inheritance,it will not only cause the inheritance right of the heir who should inherit the estate is difficult to achieve,but also have a serious impact on the family ethic relationship and social public morality.Thence,to limit the freedom of the will become especially significant.Throughout the legislative practice of various countries,the establishment of special retention system in civil law is a universal and effective way to restrict the freedom of will.In contrast,there is no real special retention system in the civil code of our country,but only retained system related to restrict the freedom of will.In the new era,the rapid economic development has constantly adjusted the social and family structure of our country,and people’s concept of inheritance is also constantly changing.The current retained system has been difficult to cope with the new problems and demands in practice because of its defects such as the narrow scope of the right subject,the vague definition standard of inheritance share and the small limitation on the freedom of will.Therefore,it is urgent for China to establish the special retention system,to improve the newly implemented Civil Code and build a more scientific and sound legal system,help our country’s socialist rule of law,and promote social and economic development.This article is divided into four chapters to discuss the special retention system in our country.The first chapter clarifies the concept,characteristics and legal nature of the special retention system,and summarizes the origin and development of the special retention system.The second chapter discusses the necessity of establishing the special retention system in China.The second chapter discusses the necessity of establishing the special retention system in China.It also analyzes the current legislative status and judicial practice of the retention system in China,compares the special retention system with the retained system in China,and concludes that the retained system in China is different from the foreign special retention system,and there is no strict special retention system in China at present.Therefore,it is necessary to construct the special allowance system of our country to make up the defects of the existing system,maintain the family ethic relationship,and relieve the pressure of the current social security.The third chapter through the comparison analysis method to examine the representative countries of two important legal systems outside of special retention system.Main investigation content is involved in the continental law system countries,such as special retention system in France civil law and Germany civil law,the relevant provisions of the share,including the system of the right subject,such as protection system specific provisions.On the contrary,the Anglo-American law system mainly analyzes the specific provisions of the British family support system and the American inheritance law.By comparing the relevant provisions of the special retention system in different legal systems,to summarize the experience and enlightenment of the foreign special retention system.Finally,it discusses the legislative construction of the special retention system in China.Finally,on the premise of clarifying the guiding ideology of legislation,discussing the legislative design of the establishment of the special retention system in our country and the specific content arrangement under the system. |
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