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On the Legislative Amendment to the Scope and Order of the Legal Heritor
Pages: 72-81
Year: Issue:  2
Journal: Humanities & Social Sciences Journal of Hainan University

Keyword:  legal heritorscopeorderdebate ideaslegislative proposal;
Abstract: In the current Law of Succession of the People’s Republic of China,the regulations on the scope and succession order of the legal heritor are not very reasonable with the narrow scope of legal heritor and the irrational arrangement of succession order. In order to constantly exert the family-supporting function of the succession system,delay the course of confiscated heritage and balance the beneficial relationship between spouse and blood heritors,the suggestions are as follows: First,extend the scope of legal heritor to his nephew’s children,uncles,aunts,great-grandparents and cousins. Second,increase the succession order of legal heritor from two to five. Third,reserve the parents’ status as the statutory successor in the first order,include the spouse as the non-fixed successor in the order,reserve the inheritance rights of the widowed daughter-in-law and son-in-law, and restrict the inheritance rights of the stepchildren.
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