Research On The Construction Of Chinese Post-succession System

Post-succession system is developed more mature in continental law countries such as Germany,which is a little strange in our country.However,it does not affect the academic and theoretical circles have always paid attention to the system of post-succession.In the theoretical circles,our country has had scholars study the post-succession system since 2000.Scholars have raised some possible questions about the system and think that the system need to have enough reasons to answer so that the system can be introduced to our country.For example,some scholars have proposed that this system violates the absolute ownership theory of modern property law,and some scholars have proposed that the nature of the right of inheritance needs to be defined.In practice,more and more succession disputes are brought to court.Judges have been hoping to solve the need of judicial adjudication through the establishment of this system.In recent years,an increasing number of experts and scholars believe that some of the problems previously raised are not irreconcilable;Relevant theories need to be explained.In view of the double significance of theory and practice,the introduction of the system is considered imperative.The research on the establishment of the post-succession system should first be carried out from the research background and research status at home and abroad.Chinese scholars still stay in the research of the system at the level of concept and characteristics.A typical foreign country,such as Germany,has made deep research on the system.The next step is to clarify its concept and characteristics.The concept of posthumous inheritance system is relatively unified,and the concept discussed in this paper is only defined in a narrow scope,excluding the posthumous legacy.The biggest characteristic of the post-succession system is that the ownership of the estate changes twice.Next,we need to make a good comparison with related systems: first,compared with the testamentary trust,the biggest difference between the two systems is the status,rights and obligations of the middleman and the degree of specialization;The second is the comparison with the obligatory will,the subject status,purpose and function of the two are very different.Third,compared with the residence right system,the purpose and function of the two systems in different parts of the Civil Code are not the same.Only in the comparison with the above three related systems can the independent value of the postsuccession system be highlighted.Of course,it is indispensable to analyze the nature of the post-succession right involved in the system,which is directly related to the issue of what kind of rights the post-succession produces.Secondly,not every legal system can be randomly introduced into a country’s legal system;It needs to be introduced with great necessity,practical feasibility and considerable justification.So this will be put forward to construct the system needs to focus on the reason part.Thirdly,we need to instill some enlightenments to the establishment of the post-succession system in our country by examining the legal provisions of some typical countries which recognized the post-succession system,namely Germany,Switzerland,and Austria,and making a comparative analysis of their legislation.At last,it puts forward the legislative suggestions on the construction of post-inheritance system in our country,covering the analysis of legislative path,the applicable conditions of post-inheritance system,the concrete content of post-inheritance system,and the four aspects of perfecting the supporting system.