Study On The System Of Necessary Portion In China

The family is the warmest haven for all of us,and when people are about to die,most of them will leave their property to their family members for the purpose of family support and expressing affectionate care.After the reform and opening up of the country,the number of inheritances available to individuals for disposal has increased.As a result of this,the legislator established the necessary portion system in order to achieve a better balance between testamentary freedom and family support.However,over time,the system has become increasingly difficult to apply judicially,and problems have arisen in its application,all of which have resulted in the system being ineffective in achieving its original legislative purpose,which is to protect the basic livelihood of the legal heirs in a vulnerable position.The full article uses case studies as an entry point to examine the necessary portion system and,apart from the introduction and conclusion,covers five main sections.The first part is an overview of the necessary portion system.This article introduces the definition,characteristics and functions of the necessary portion system,and focuses on the analysis of the differences between the necessary portion system established by learning from the legislation of the Soviet Union and the extraterritorial forced heirship system,which is mainly reflected in the legislative purpose,that is,the necessary portion system is mainly for the realization of the supporting function,while the forced heirship system is mainly for the protection of the legal heir’s right to expect the estate.So the forced heirship system may not realize the legislative purpose of the inheritance law.The second part mainly introduces necessary portion system present situation and existing question.First of all,it introduces the academic research focus of the necessary portion system,that is,it mainly focuses on the existence and abolishment of the necessary portion system and whether the forced heirship system should be introduced.Secondly,it analyzes the problem of the necessary portion system through the judicial cases and the research results of many domestic scholars.At present,most scholars believe that there are some problems in the system,such as unclear application,unclear recognition of share and imperfect right relief system.The third part mainly introduces the significance of foreign relevant systems for improving our country’s necessary portion system.Overseas relevant systems stipulate the specific proportion of the request for deduction and special share,etc.These concrete measures can also provide a mirror for the improvement of the necessary portion system.The fourth part mainly introduces the rationality analysis of the establishment of necessary portion system.Through the analysis of domestic scholars to the abolishment dispute of the system and legislative mode,we think that based on the specific situation of our country and the limitation of the system,our country should take fold Chinese legislation mode,namely insists must leave the system runs single track.The fifth part mainly introduces the proposal to perfect the necessary portion system.Based on the problems existing in the system of necessary portion in judicial practice and comparative analysis of relevant systems overseas,it puts forward some suggestions on the application of necessary portion,the quota of necessary portion and the establishment of the relief system of necessary portion.