Study On The Restoration System Of Inheritance Right Under The Civil Code

In our country,there is no system directly called the inheritance right restoration system.The author defines the inheritance right restoration system as because the heir infringes on the life safety and health of the decedent or other heirs;restricts the freedom of the decedent’s will;destroys the authenticity and integrity of the will,etc.The specific behaviors stipulated by the law,and the loss of inheritance rights because the implementation of these behaviors violates the true wishes of the decedent,and,its lost inheritance rights can be restored.The theoretical circle is also known as the system of inheritance and forgiveness.Before the promulgation of the Civil Code,our laws and regulations had fewer provisions on the restoration of inheritance rights.The "Opinions of the Supreme People’s Court on Several Issues Concerning the Implementation of the" The People’s Republic of China Inheritance Law ""(hereinafter referred to as the "Opinions")promulgated in 1985 has certain provisions on the loss of inheritance rights and the restoration of inheritance rights.The newly promulgated "Civil Code" involves the loss and restoration of the above-mentioned inheritance rights.This part of the content is stipulated in Article 1125 of the "Civil Code".Compared with the previous laws and regulations,the "Civil Code" has provided for the restoration of inheritance rights.Great progress has been made.Two new legal situations of loss of inheritance rights have been established.One is forgery,tampering,and concealment of wills,and the other is,there are many obstacles to the decedent’s establishment or change of the will,but it should be noted that for the above two situations,it is necessary to reach the severity of the circumstances.At the same time,it also stipulates that the heir has the following kinds of behaviors,which reach the seriousness of the circumstances,but the behavior shows remorse and actively demands to make up for it.If the decedent expresses forgiveness or takes him as the heir in the will,the actor may not be deprived of the inheritance right: first,there are abandonment and abuse;second,there are forgery,tampering,destruction and concealment of the will established by;third,the use of fraud,coercion to the heirs independent set of the will to make a lot of obstacles.《The Interpretation(I)of the Supreme People’s Court on the Application of the Succession of the The People’s Republic of China Civil Code(hereinafter referred to as the Interpretation 1 of the Succession)also makes certain provisions on the loss and restoration of inheritance rights,and its provisions are basically consistent with the Opinions.Based on the above laws and related judicial interpretations,it can be seen that although my country’s laws and judicial interpretations do not clearly classify the loss of inheritance rights,according to the legal writing,it can be concluded that my country’s laws actually divide it into the following two types: one is absolutely permanent Deprivation of its inheritance rights,the second is the relative deprivation of its rights that can be restored when certain conditions are met.This article is divided into five parts.First of all,the introduction part analyzes the research background and significance of this paper,in order to deeply study the inheritance right restoration system,the author consulted the literature review,and clarified the research methods used by the author in the process of writing the article.The second part is an overview of the inheritance right restoration system,which mainly introduces the concept of the inheritance right restoration system.At the same time,it also interprets the legal situation of the loss of inheritance right,because the loss of inheritance right is the premise and basis of the restoration of inheritance right.Only when there is the loss of inheritance right can it be necessary to explore the restoration of inheritance right.The third part is the development evolution of the inheritance right restoration system,which mainly introduces the development evolution of the inheritance right restoration system in China’s mainland,the development evolution of the inheritance right restoration system in Hong Kong,Macao and Taiwan,and the relevant provisions of the foreign inheritance right restoration system.The fourth part is the problems of China’s inheritance right restoration system,mainly from the scope of application of the inheritance right restoration system and the applicable conditions to introduce the problems of China’s inheritance right restoration system.The fifth part is a proposal to improve the system of inheritance restoration,to modify the current situation of loss of inheritance rights,so as to change the scope of the restoration of inheritance rights,while strictly grasping the legal procedures for the loss of inheritance rights,as well as the relevant procedural provisions for the restoration of inheritance rights.Inheritance is a very important civil legal matter,which is closely related to the lives of the people.In the early days of the founding of the People’s Republic of China,especially before the reform and development,my country’s national economic development level was not high,and the people accumulated less wealth.In addition,the law was not perfect and people’s legal awareness was weak at that time.Therefore,there were not many inheritance disputes in court.With the rapid development of China’s economy and the remarkable achievements in building a society ruled by law in recent years,disputes caused by inheritance have emerged one after another in recent years,and people are eager to resort to law to protect their legitimate rights and interests.However,looking at the existing laws and judicial interpretations in our country,there are still areas that need to be made up for for the legal causes of the loss of inheritance rights,especially when the heir intentionally injures the decedent or other heirs and causes serious injury or death,which is also huge for the destruction of inheritance order and social public order and good customs,but the law does not include this situation as a legal situation of loss of inheritance rights;at the same time,the scope of recoverable inheritance rights is too narrow,and the conditions for the restoration of inheritance rights are too strict.Therefore,this paper puts forward some perfect suggestions for the inheritance right recovery system in combination with the current laws and regulations and practical cases,and hopes that the research results of this paper can provide some reference and reference for the perfection of the inheritance right recovery system.