Research On The System Of Loss Of Inheritance Right

The academic community divides the loss of inheritance into two concepts:broad and narrow.Among them,the broad sense of the loss of inheritance includes the lack of qualifications and the abolition of heirs;The narrow sense of the loss of inheritance only includes the lack of qualifications of the heir.According to the relevant provisions of the "Civil Code" of our country,the loss of inheritance refers to the lack of qualifications of the successor.Therefore,the study of the loss of inheritance in this article is conducted from the narrowest perspective.This system deprives the perpetrator of the corresponding inheritance qualification through the intervention of public power when the perpetrator commits a serious illegal act.The system of loss of inheritance rights is an integral part of China’s inheritance system,which aims to punish those who violate family ethics through strict legal provisions,maintain an orderly state of property inheritance,ensure the legitimate rights of relevant personnel,promote harmony among families,guide families to form a good atmosphere of solidarity and mutual assistance,and create a social atmosphere full of justice and harmony.The Civil Code of China has drastically altered inheritance laws,introducing a legal justification for relinquishing rights,explicitly outlining the parameters and conditions for the reinstatement of such rights in legislation,and including the right to bequest within the scope of the loss system.This reform and opening up has been accompanied by a rapid rise in economic development,resulting in a remarkable increase in people’s material living standards.The Civil Code,a code that encompasses all aspects of civil life,is unable to regulate all facets of it in detail due to the diversity of social life.This has caused private property to rise significantly in comparison to earlier years,thus creating new issues and situations in inheritance practice,necessitating the law’s support to keep up with the times.This paper attempts to make a systematic review of this system,clear up the differences between the theoretical and practical fields,and draw useful inspiration from outside the region,making some suggestions for the improvement of this system.This article mainly consists of three parts:An overview of the loss of inheritance system is the initial section,primarily introducing the concept and distinguishing it from other analogous ideas,as well as its worth,origin,and development.The second part focuses on the current situation and existing problems of the system of loss of inheritance rights in China’s Civil Code.Through in-depth research on relevant legal provisions,it explores its legal causes,effectiveness,procedures,and forgiveness,with a view to identifying the direction for improvement.In the third part of the text,the author draws upon foreign legislative experience and references the academic community’s dispute and discourse on the system,offering suggestions for improvement.Based on the shortcomings and analysis of the system summarized in the previous section,the author provides his own supplementary and improvement opinions.