Succession; Testament; Inheritance Law; Law of Succession of China; Chinese Law; 상속; 유언; 상속법; 중국 상속법; 중국법
가족법연구, v.28, no.2, pp.319 - 342
LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA which was passed by April 10, 1985 and went into effect as of October 1, 1985 has not been modified yet.
Law of Succession of China has been made for about 30 years. Today socio-economic conditions are so different from 30 years ago that many difficulties cropped up on application of this law.
In particular, the income and property of Chinese people increased sharply, therefore Law of Succession of China must be modified.
In the academic field and judicial practice field of China, Modification work of Law of Succession of China is currently under way.
The following are some important issues about modification.
1. The content of inheritance (Heritage)With the change of classes and content of property, the extension of inheritance content should be extended.
2. The statutory successors (legal heir)The scope of legal heir should be extended to “within 4 degrees of consanguinity”, and take them as the successor(s) third in order.
3. Deprivation and abandonment of The right of inheritanceImprove the system of deprivation and abandonment of the right of inheritance, and the right to request the return of inheritance should be expressly provided.
4. Perfect the Will systemImprove the system of Coinheritance of husband and wife, and supplement the form of will.
These are issues of Modification work of Law of Succession of China. And the specific content of amendment will be watching in the future.