英语翻译现行《继承法》制定于社会主义计划经济时代,25年来,我国的经济和社会发生了翻天覆地的变化,《继承法》条文简单、缺乏可操作性,其内容存在着诸多缺陷,己经远远滞后于社会的发

英语翻译现行《继承法》制定于社会主义计划经济时代,25年来,我国的经济和社会发生了翻天覆地的变化,《继承法》条文简单、缺乏可操作性,其内容存在着诸多缺陷,己经远远滞后于社会的发
英语翻译
现行《继承法》制定于社会主义计划经济时代,25年来,我国的经济和社会发生了翻天覆地的变化,《继承法》条文简单、缺乏可操作性,其内容存在着诸多缺陷,己经远远滞后于社会的发展.《继承法》是否需要修改以及怎么修改已经成为理论界研究的一大热点.本文主要是在众多关于修改继承法建议中,挑选了三个笔者认为比较重要的内容：法定继承人范围、代位继承制度和特留份制度进行讨论.全文是在分析学者们关于这三个内容的不同观点的基础上,给出自己的观点.
首先,经济的发展使公民的私有财产逐渐增多,但实行的计划生育政策使得现有的法定继承人的范围实际上过于狭窄,无人继承财产增多.基于保护公民私有财产继承权的原则,笔者赞同大多数学者的建议,本着尽可能保证遗产由死者的近亲属继承的原则,应扩大我国的法定继承人的范围.
有学者认为应肯定丧偶儿媳、丧偶女婿的法定继承人地位,因为这样一方面扩大了我国法定继承人的范围,另一方面起到了激励赡养老人的目的.但是笔者认为这并不是唯一途径也不是最好的途径.正如否定说的学者所给出的观点,肯定其法定继承人的地位将会破坏整个继承法制度,也会使法条缺乏严谨性,不是明智之选.通过适用酌给遗产制度则能在达到保护其合法权益的同时,使继承法整个体系更科学,更符合立法通例.
其次,孙子女、外孙子女的继承问题.笔者不同意有的学者所说的将孙子女、外孙子女列为第二顺序继承人.因为即将孙子女、外孙子女列为第二顺序继承人,其也只能在第一顺序继承人全部死亡、丧失或者放弃继承权,才能轮到第二顺序继承人.如果被继承人的子女全部死亡、放弃或者丧失继承权,那么被继承人的孙子女、外孙子女将代为继承被位人的应继份,将其列为第二顺序继承人这种观点没有实际意义.笔者认为,要充分保护孙子女、外孙子女的法定继承权,不在于是否增列孙子女和外孙子女为法定继承人,而是需要修改《继承法》关于代位继承权制度.将代位继承权的性质确定为固有权,将能有效地保护孙子女、外孙子女的继承权.而且将代位继承的性质确定为固有权,无论在理论上还是在实际操作上都是较为合理的.
最后,笔者认为我国现存的遗嘱继承制度对于遗嘱自由的态度过度宽松,我国应借鉴国外特留份制度,对遗嘱自由给予一定的限制.特留份制度在其他国家已适用多年,是成熟的法律制度,将其引入我国法律,应该不会有特别大的冲突,也不会因为社会制度的差异而不能发挥正常作用.

英语翻译现行《继承法》制定于社会主义计划经济时代,25年来,我国的经济和社会发生了翻天覆地的变化,《继承法》条文简单、缺乏可操作性,其内容存在着诸多缺陷,己经远远滞后于社会的发
The current succession law enacted in the socialist planned economy era in 25 years,our country's economic and social changes have occurred,the succession law provision is simple,lack of maneuverability,its content there exist many defects,already far behind the social development.The inheritance law whether need to modify and how you can modify has become one of the theory research hotspot.This paper is mainly in numerous on amending successions recommendation,the author thinks that selected three more important of content:the statutory successors scope,the subrogation succession institution and special leave of system are discussed.Full text is on the analysis of scholars about these three content of different views,on the basis of the present his point of view.
First of all,with the development of economy,the citizen's private property increase gradually,but the family planning policy that those of the statutory successors,and none too narrow range actually inherited property increase.Based on the protection of citizens' private property inheritance principle,the author agrees with most scholars suggestion,adhering to ensure the best possible heritage by the deceased close relatives of inheriting the principle of our country,we should enlarge the scope of legal heir.
Some scholars argue that should be sure widowed daughters-in-law,widowed son-in-law legal heir position,because such on the one hand expanded the scope of our country legal heir; on the other hand,played an incentive to support the old purpose.But the author thinks that it is not the only way is not the best way.As negative said scholar of the given viewpoint,affirming its legal heir position would destroy the entire inheritance law system,also can make the communications-related lack of preciseness,not a smart choice.Through applicable to pour to heritage system is in reach protect the lawful rights and interests of the succession,and make the whole system more scientific,more accord with legislation of innocence.
Secondly,grandchildren,WaiSunZi female inheritance issue.The writer doesn't agree with some scholars said will grandchildren or maternal grandchildren as the 2nd order heir.Because the upcoming grandchildren or maternal grandchildren as the 2nd order heir,his only in the first ordinal heir to the death,incapacitation or give up all inheritance,can turn the 2nd ordinal heir.If the decedent's children all death,abandon or loss of inheritance,then the decedent's grandchildren,WaiSunZi NvJiang to inherit a person should be following copies,as its second order heir this view of no practical significance.In my opinion,to fully protect grandchildren,WaiSunZi female of statutory succession,do not depend on whether to add column grandchildren and maternal grandchildren for legal heir,but need to modify the succession law about the subrogation inheritance system.Will inherit in subrogation is determined as the inherent nature of right,will be able to effectively protect grandchildren,WaiSunZi female of inheritance.And will inherit in subrogation is determined as the inherent nature of right,both in theory and in the actual operations are reasonable.
Finally,the author thinks that the present testamentary succession institution for wills free attitude excessive loose,China should draw lessons from foreign special leave of a system for wills free offer certain restrictions.Special leave copy system in other countries for many years already,it is mature legal system,will introduce into the law of our country,should not a particularly large conflict,not because of the social system of differences and cannot play normal function.
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The law of the current formulation of socialist planned economy, 25 years, china's economic and social changes have taken place in the inheritance law provisions to simply, lack of 可操作性, there are man...

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The law of the current formulation of socialist planned economy, 25 years, china's economic and social changes have taken place in the inheritance law provisions to simply, lack of 可操作性, there are many of its contents, are far behind in the development of society. the inheritance law if you need to revise and how to modify 理论界 research has become a hot. this article mainly in the law relating to the amendment proposed, and with three i think more important

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The existing "inheritance" to develop the socialist planned economy era, 25 years, China's economic and social undergone enormous changes, "Inheritance" section is simple, the lack of operability, the...

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The existing "inheritance" to develop the socialist planned economy era, 25 years, China's economic and social undergone enormous changes, "Inheritance" section is simple, the lack of operability, there are many defects in its content, has been far lags behind social development. "Inheritance" is need to modify and how to modify the study of theoretical circles have become a hot topic. This article is in many recommendations on amending the law of succession, selection of the three I think is more important elements: legal hair, subrogation inheritance system and the system of special leave were discussed. Full analysis of scholars in the content on these three different views are given based on their point of view.
First, the economic development of the private property of citizens gradually increased, but the practice of family planning policy allows the legal successor of the existing scope of practice is too narrow, and no one to inherit property increased. Protection of citizens based on the principle of private property and inheritance rights, I agree with the recommendations of most scholars, in as much as possible to ensure that legacy inherited by the deceased's close relatives, the principle should extend the scope of the legal heir.
Some scholars believe that to be sure that widowed daughter, widowed son's legal heir status, because on the one hand to expand the scope of our heirs, on the other hand played the incentive purpose of supporting the elderly. But I believe that this is not the only way is not the best way. As scholars deny that the views given in recognition of its legal successors of the status will undermine the entire inheritance system, but also make articles lacking rigor, not a wise choice. Discretion to the legacy system through the application is able to protect their legitimate rights and interests in the same time, so that the whole system of inheritance is more scientific, more in line with legislative norm.
Second, the grandchildren of their children inherit the problem. I do not agree with some scholars say the grandchildren children as second in order. As soon grandchildren as the second in order shall the children, their only heir in the first order of all the death, loss, or give up the right of succession to turn to second in order. If the decedent's children were all dead, abandoned, or loss of inheritance, then the decedent's grandchildren on behalf of their children will inherit the place were people should be following, as the second in order shall be no practical significance to this view. I believe that to fully protect the grandchildren of statutory inheritance rights of children, is not whether the inclusion of children as the grandchildren and grandchildren, his heirs, but the need to modify the "inheritance" system on the right of subrogation. The subrogation right of succession to the nature of the solid right, we can effectively protect the grandchildren of their children inheritance rights. And the nature of the subrogation right to determine the solid, both in theory and in practice, it is more reasonable.
Finally, I believe that the will of the existing inheritance system for over-generous attitude of the will of freedom, our country should learn from foreign Portion system, freedom of the will to give to certain restrictions. Portion system has been applied in other countries for many years, is a mature legal system, will be introduced into our law, should not have a major conflict in particular, but also differences in the social system will not and can not work properly.

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