Research On The Identification Criteria Of Legal Inheritance Rights Between Stepparents And Stepchildre

In today’s society,people are increasingly open to the idea of marriage.With the increase in divorce,the phenomenon of remarriage and re formed marriage relationships in China are also gradually increasing,which has had a certain impact on the traditional marriage formation in China.Compared with conventional families,the relationship between stepparents and children in restructured families is more complex,and there are many disputes in judicial practice.This article will clarify the criteria for determining the legal inheritance rights between stepparents and children through practical analysis and theoretical discussion.In addition to the introduction and conclusion,this article is divided into five parts.The first part elaborates the normative basis for determining the legal inheritance rights between stepparents and children.Some scholars believe that according to Article 1072 of the Civil Code,a simulated consanguinity relationship can be formed between stepparents and children due to "upbringing and education relationships",which in turn can claim legal inheritance rights.However,in combination with Article1072 of the Civil Code and Article 54 of the Supreme People’s Court’s Interpretation on the Application of the Marriage and Family Code of the Civil Code of the People’s Republic of China(I),this statement remains to be discussed.Therefore,the stepparent child relationship in the upbringing education relationship should be limited based on a restrictive interpretation.The basis for claiming legal inheritance rights between stepparents and children can only be Article 1127 of the Civil Code.The second part combs the judicial cases where the legal inheritance rights between stepparents and children are different in China.The author combed out relevant cases and sorted out the focus of controversy and practical standards.It can be concluded that in practice,there are long-term life theories,three year life theories,and five year life theories based on duration as a reference standard.There are also judges who focus on substantive support,not only emphasizing the duration,but also considering whether to live together,whether there are financial expenses,and whether to take care of themselves.By analyzing the corresponding cases,it can be concluded that judicial practice is very different and differentiated.The third part,from the perspective of comparative law,examines and analyzes the legal inheritance rights between stepfathers,mothers,and daughters in some countries outside the region.The laws of Germany,Japan,and Switzerland do not grant stepparents the legal right of inheritance to their children,while German stepparents only enjoy the "weak care right";In Japan,stepparents and children can only establish an adoptive relationship if they want to obtain legal inheritance rights;Stepparents in Switzerland have a "duty of assistance" in daily life matters.The United States,Canada,Australia,and Russia have granted legal inheritance rights to stepparents and children,while the United States and Canada adopt the "actual parent" standard;In Australia,the decision power is handed over to the court,which determines the obligations through a maintenance order;Russian law places stepparents and children in the seventh order of legal succession.The fourth part analyzes the considerations of legal inheritance rights between stepparents and children from a legal perspective.In the process of exploring the standard of inheritance rights,it is possible to balance the interests of the parties as a logical starting point,consider the cultural consensus of the family ethics system,and effectively comply with the development trend of the times.The fifth part is to determine the standard of the legal inheritance rights of stepparents and children from the perspective of dynamic system theory.Starting from the theoretical changes and connotations of dynamic system theory,this paper analyzes the rationality of constructing the standard of legal inheritance based on dynamic system theory.The criteria for determining "support relationship" can be determined from three aspects: basic principles oriented,subjective and objective combination,and allocation of rights and obligations.