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The Loss of Inheritance System

Author: HouWeiLi
Tutor: ChenWei
School: Southwest University of Political Science
Course: Legal
Keywords: Loss of inheritance rights system Extraterritorial legislation China's legislation Legislative proposals
CLC: D923.5
Type: Master's thesis
Year: 2011
Downloads: 104
Quote: 0
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Abstract


The loss of the right to inheritance system is an important part of our inheritance system , the legitimate rights and interests of this system maintenance heir relatives between ethics , peace, family relationships and good social order , have an important role in building a harmonious society . China 's loss of inheritance rights legislation, as well as judicial interpretation of the system was enacted in 1985, China 's loss of inheritance rights provisions of the system , due to the technical limitations of legislative conditions and legislation , too principled and simplistic , judicial practice operability is not strong . For example, the loss of inheritance rights reasons provided for not comprehensive , the relative loss of the subject of the scope of the provisions narrow . After 20 years of rapid economic development , social wealth sharp increase in the number of inheritance disputes more and more , the situation is getting more complicated , the emerging new reality , modify, and improve China 's right to inherit the loss of the system to be solved an important issue. In recent years scholars more concerned about the modification and improvement of the civil law and the Marriage Law , the system of inheritance laws , especially the loss of the right to inherit relatively little research on the loss of inheritance rights system prevalent in all types of law of succession in the monograph . This paper attempts to systematic exposition of the System , on the basis that learn from foreign countries and China's Hong Kong , Macao and Taiwan regions, legislative experience , combined with the practical operation , put forward legislative proposals to improve the system of the Mainland of China, the loss of inheritance rights . In addition to the introduction and conclusion , mainly consists of four parts : the first part of the question raised . Through three typical cases , leads to the loss of inheritance rights system to be studied in this paper . The second part of the loss of inheritance rights overview of the basic theory . This part of the loss of the right to inherit the meaning of the system classification, loss of subject matter , the effectiveness of the exposition . The third part of foreign legislation and regulations of Hong Kong , Macao and Taiwan regions legislative Cases investigated . This part of the main system of foreign legislation and China 's Hong Kong , Macao and Taiwan regions legislation of the loss of inheritance rights to inspect and assess . The fourth part of the Mainland of China, the status quo and lack of legislative and improve the legislative proposal. This section is combined with the current situation of China's legislation and inadequate , and learn from foreign countries and China 's Hong Kong, Macao and Taiwan regions , legislation to modify and improve the experience of China's legislation .

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