Research On The Predicament And Countermeasures Of The Regime Of Legacy Discretion Distribution

The regime of legacy discretion distribution in our country is based on the fact of support,and the right holder can request an appropriate share of the inheritance based on the dependency relationship.It is different from the inheritance right,the right to bequeath,and the mandatory share system.Its characteristics are mainly reflected in the fact that the subject of the right is a person other than the heir,the support relationship is the basis of the discretionary inheritance,the discretionary share is uncertain,and it is derived from the protection of rights and interests and responds to social concerns.The evolution of this system is reflected in the legal provisions concerning the inheritance of adopted sons and sons-in-law.The theoretical sources of the regime of legacy discretion distribution include the theory of post-mortem support,the theory of reimbursement for support acts,and the theory of presumption of the decedent’s intention.This system provides a legal basis for people other than the legal heirs to obtain the inheritance,which is not only valuable for protecting the survival rights and interests of the disadvantaged groups but also can adapt to and promote the diversity of support relationships.However,due to the general provisions of the current legislation,there are problems such as the unclear scope of the right subject,inconsistent judgment of the support relationship,and doubtful priority effect.The above problems make it difficult to implement the system in judicial practice,and the phenomenon of complicated causes of cases and confusion of defendants is increasingly prominent.Therefore,it is imperative to improve the regime of legacy discretion distribution.In China,Hong Kong has established the reasonable financial support system,and Taiwan has detailed and listed the types of rights subjects.Japan and South Korea have arranged the antecedent procedures for the application of the system.Germany and Quebec,Canada have clarified the subject of rights and the period of exercise.These useful experiences are of inspirational value to the improvement of the legacy discretion distribution system in China.Combining the current situation of the system in our country and overseas experiences,we can make targeted improvements to China’s inheritance discretionary system in terms of reasonably expanding the scope of the subject of rights,clarifying the criteria for determining the relationship of support,and determining the priority effect of rights.