Research On The Construction Of Chinese Post-succession System

The inheritance model of "who inherits first and who inherits second" is common in court practice and everyday inheritance cases,and is called "posterior inheritance".However,there is a problem that court decisions have no legal basis and citizens’ freedom of will is not fully protected by law.After the start of the codification work of the Civil Code,there were many calls for the establishment of a posterior succession system.With the rapid development of China’s economic and social level and the continuous accumulation of wealth,people’s needs for how to arrange their inheritance after death have diversified,and the existing legal system is unable to meet these needs.Although the civil code does not yet explicitly provide for a posterior succession system,the construction of a posterior succession system is conducive to protecting the interests of specific groups in society,while adding features that other similar systems do not possess,improving and developing the legal framework of succession,meeting the needs of justice,and fully embodying the principle of freedom of will in China.This paper first examines the systemic nature of the posterior succession system,noting that the exploratory approach focuses on meeting the needs of justice and ensuring citizens’ freedom of testamentary choice.In the next work,relevant cases were retrieved for analysis,and the ideas and results of the decisions were summarized.Combining the current state of theoretical development and practical needs,it was found that the legislative and institutional shortcomings led to various errors in the determination of the validity and argumentation of the decisions,and the need for a posterior succession system in lawmaking emerged,which led to the research direction and ideas of this paper,as well as the need for a posterior succession system that meets the needs of justice This paper then explains the need for a posterior succession system.After that,this paper explains the characteristics of the posterior succession system,academic debates and the current status of legislation,as well as the comparison with similar systems,and compares the relevant data of the Chinese Probate Bank,and finds that the posterior succession testamentary distribution scheme appears more frequently in the establishment of estates,which confirms the necessity and feasibility of the posterior succession system.We also compare the typical provisions of foreign legislation containing the posterior succession system,and prepare for the future conception of this system.Finally,combining the above jurisprudential issues,theoretical discussions and analyses,as well as the parts that can be absorbed and borrowed from foreign countries,we propose the construction paths and provisions around the rights and obligations of heirs,the consideration of the protection of the interests of third parties,and the creation and termination of the posterior succession system,in order to build a perfect and suitable posterior succession system for China’s probate system.