Study On The Subseauent Succession

As our economy continues to develop rapidly,the overall standard of living and personal wealth of the people is gradually increasing.With this,some new inheritance disputes have also emerged frequently.New phenomena such as "one spouse dies and the other remarries"and "elderly people find it difficult to remarry" have gradually emerged in marriage and family relations in China.This phenomenon has led to many disputes and conflicts over inheritance rights.The traditional inheritance system is no longer able to meet the wishes of the population,and inheritance issues have become more complex.Different countries have different views on the posterior succession system,and the trend of the system varies based on different national conditions.The civil law countries,led by Germany,have a more positive view of the subordinate succession system and have a positive attitude towards the legislation of this system.China has not yet established a subordinate succession system and similar cases have not been satisfactorily resolved in practice,either by seeking help from a similar system or by simply finding it invalid,always with very different results.A better legal system is therefore needed to protect the interests of such persons in matters of succession.From the institutional point of view,the pace of legal construction in China is relatively stable,and the construction and soundness of the legal system is an important element in the development of a society governed by the rule of law and must be given full attention,while inheritance,as the core system in the field of private law,cannot be ignored.The reform and development of the inheritance system is to better play its social regulatory role and adapt to the needs of the socialist harmonious society for the construction of the rule of law.In the context of the rule of law in China,China should introduce a posterior succession system that is in line with Chinese conditions,in order to solve the problem of lack of basis for adjudication of posterior succession wills and unresolved disputes in judicial practice,so as to improve the succession legislation in China.This paper analyzes the historical evolution,concepts and characteristics of the posterior succession system and other basic theories,then compares and analyzes the differences of the system,clarifies the connotation of the posterior succession system,and clarifies the value of this system from its origin and development.The necessity of introducing the posterior succession system in China is discussed from the perspectives of jurisprudence,the system itself,and judicial practice,specifically including the construction of the posterior succession system can make up for the deficiencies of the current legal system of succession in China,make the legal system of succession in China more sound,and also play a certain role in guiding the existing succession disputes in China and implementing the freedom of wills.By briefly analyzing the foreign posterior succession system and summarizing its legislative experience and lessons,we hope to make some useful exploration for the construction of this system in China in the future.Based on the above analysis,we conclude that a posterior succession system should be established in China.In terms of the specific design of the system,a more comprehensive discussion has been made from several perspectives,including the legislative system,the determination of the subject of rights,the rights and obligations of heirs,and the restrictions of posterior succession,in the hope that the value of the subsequent succession system can be more fully reflected in China.