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The Economic Analysis of Inheritance Law

Author: ZhaoLin
Tutor: XieDi
School: Jilin University
Course: Law and Economics
Keywords: Inheritance Law Economic analysis Inheritance Tax Policy suggestions
CLC: D923.5
Type: Master's thesis
Year: 2011
Downloads: 189
Quote: 0
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Abstract


The system of property inheritance is an important part of the law in our country. It is a way to adjust the social relationships. The Constitution of China’s basic law stipulated explicitly that the lawful property can be protected. There are some corresponding provisions in our Inheritance Law. However, with the progress of society and economic development in our country, the citizens have more and more property, and the inheritance estate is also becoming more complex. So the contradictions of ownership,distribution and disposition increase obviously. The disparity of wealth between the rich and poor is becoming sharper and sharper. The rich are getting richer and the poor are getting poorer. China’s Gini Coefficient already has surpassed this limit of 4%.Social problems should be solved urgently now and this is also a significant challenge for our government.Based on the economical view, the author analyzes inheritance law in our country by the method of empirical and normative analysis, to link together the inheritance law and the concept of justice and efficiency, income distribution and cost and benefit. Then I discuss comprehensively and systematically, to clear and definite the economic meaning of inheritance law, and the inheritance tax which has not be collected in our country. I would find the ways to consummate our laws from the experience of other countries, and provide theoretical guidance for judicial practice also.Paper is divided into three parts :Introduction, Text and Epilogue:The introduction of paper mainly expounds the background of topic-selection and significance, summarizing literature, research methods and innovation. We can embody the paper’s writing theoretical value.Text includes four chapters:The first chapter briefly introduces the inheritance law in the field. The first quarter includes the concept of inheritance law and its history from ancient to contemporary, west and our country, and it includes the concepts which inheritance law involved. The second quarter briefly describes the concept of succession, characteristics and essence. We can learn the importance and specialty from these content in which inheritance law adjusts the social relationships。The second chapter is the economic analysis of succession. The first quarter carry on the research which includes the relationship of inheritance law and resource allocation. On one hand, the author explains the function and insufficiency of inheritance law through fairness and efficiency. On the other hand, it introduces the concept, ways and the reality of our country through income distribution, and we can get the modified method. The second quarter analyzes the inheritance law by cost-benefit analysis, and we can evaluate the legal effect from the various legal concepts of cost and revenue, and have the balance of all interests,The third chapter introduces the concept of inheritance tax that is related with the succession. The first quarter summarizes the meaning, characteristic and influence of inheritance tax, and then it let readers understand the taxation system. The second quarter mainly introduces the history of the tax from ancient to contemporary and from abroad to domestic societies and the paper is elaborated. The third quarter discusses comparative content of inheritance tax system model clearly through the list form. The fourth quarter compares the inheritance tax systems of America, Japan and Italy, and it included the taxpayers, the tax items, the tax standards, the reductions and the tax rate settings,then we can get some enlightenments that could refer our inheritance tax system for future,The fourth chapter is based on the front analysis and to provide some policy suggestions for inheritance law in our country. We would expect that Chinese laws can achieve good effect. Main measures: transforming the traditional thoughts, improvising security systems,and social institutions which are including improving law and property system, and collecting the inheritance tax timely. It Includes the good conditions, tax system model selection,the elements of designing inheritance tax. I try my best to generalize and highlight analysis that our country constructs the legal system.Epilogue mainly summarizes the core and main arguments of whole paper for making readers to understand the purpose of the article fully.The author used economics various methods to perfect our country successions of proposed suggestions through the ways that the research of inheritance law and analysis of other country’s inheritance tax for our country’s construction of legal system.

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CLC: > Political, legal > Legal > Chinese law > China and France > Law of Succession
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