父母继承顺位研究
发布时间：2018-11-18 14:41
【摘要】：继承法制度能够反映出一国的经济、社会文化、传统习俗的状态,面对21世纪我国经济的迅猛发展,社会财富的不断积累,我国公民的继承财产由以往的生活资料为主趋向以生产资料为主,现行继承法的弊端越来越多的显露出来。特别是法定继承顺位的问题突出,父母作为第一顺序继承人的规定已经不适应中国的现状,调整继承顺序是我们应重视的问题。我国也已经开始着手修改《继承法》,很多学者、专家都发表了自己的观点与建议,抓住这次修改契机,调整父母的继承顺位,变更为第二顺序,这是贯穿本文的中心主线,围绕这个主线展开深入研究。本文正文包括引言和结论,分为四章,主要内容如下：第一章是父母继承顺位概述部分。父母继承顺位与法定继承顺位密不可分,父母继承顺位概述首先是对法定继承顺位的概述。第一节介绍了法定继承人顺序的概念和特征；第二节介绍法定继承人顺序的依据；第三节是分析我国法定继承顺序现状与缺陷,从而得出父母继承顺位的现状与缺陷；第四节论述了我国继承法当时的立法背景,父母继承顺位的法律规定是符合当时国情的产物。这一章的宗旨是在阐述基本概念的同时引出本文的论点。第二章是调整父母继承顺位的依据。这是从三个方面进行分析的,第一个依据是我国现代社会的变化导致立法背景的变化,立法背景发生变化,那么旧的立法背景下诞生的父母继承顺序就不适应现代社会的需要,从而需要改变；第二个依据是从弥补现有法律缺陷方面分析的,主要是防止财产外流现象；第三个依据是从民众继承习惯方面着手论证的,父母作为第二顺序继承人是有传统习惯依据的。第三章是分析借鉴古代及域外关于父母继承顺位的规定。古代方面主要是从古代的继承观念来借鉴的,域外主要分析了台湾地区、法国、德国、日本的父母继承顺位的规定与借鉴之处。第四章是从对父母权益保障方面阐述的。调整父母作为第二顺序继承人不能简单地调整而已,要做好善后的工作,要将父母作为第二顺序继承人的弊端弥补过来,借鉴必留份就很好的弥补了其中的不足,使本文论点的提出得到更有力的支持。
[Abstract]:The inheritance law system can reflect the state of a country's economy, social culture and traditional customs. In the face of the rapid economic development of our country in the 21st century and the accumulation of social wealth, The inheritance property of Chinese citizens tends to focus on the means of production from the former means of living, and the drawbacks of the present inheritance law are more and more obvious. Especially the problem of legal succession is prominent, the regulation of parents as the first order heirs has not adapted to the present situation in China, the adjustment of succession order is the problem that we should pay attention to. Our country has also begun to revise the inheritance Law. Many scholars and experts have expressed their views and suggestions. They have seized the opportunity to adjust the succession order of their parents and changed it to the second order. This is the central thread running through this article. Further study is carried out around this main line. This text includes introduction and conclusion, which is divided into four chapters. The main contents are as follows: the first chapter is an overview of parental succession. Parental succession is closely related to legal succession. The first section introduces the concept and characteristics of the legal succession order, the second section introduces the basis of the legal succession order, the third section analyzes the status quo and defects of the legal succession order in China, so as to obtain the status quo and defects of the succession of parents. The fourth section discusses the legislative background of the inheritance law of our country at that time, and the legal stipulation of the succession of parents is the product which accords with the national conditions at that time. The purpose of this chapter is to explain the basic concepts while leading to the argument of this paper. The second chapter is the basis of adjusting the succession of parents. This is analyzed from three aspects. The first basis is that the changes in our country's modern society have led to changes in the legislative background, and the legislative background has changed. Then the order of inheritance of the parents born under the old legislative background does not meet the needs of the modern society. Thus needs to change; The second is to make up for the existing legal defects, mainly to prevent the phenomenon of property outflow; the third is based on the public inheritance habits, parents as the second order of heirs have traditional customary basis. The third chapter is to analyze and learn from the ancient and foreign provisions on parental succession. The ancient aspects are mainly from the ancient concept of inheritance, the extraterritorial analysis of Taiwan, France, Germany, Japan, the provisions of the succession of parents and reference. The fourth chapter is from the protection of parents' rights and interests. Adjusting parents as second order heirs cannot be simply adjusted. We should do a good job in dealing with the aftermath and make up for the shortcomings of parents as second order heirs. So that the argument of this paper is more strongly supported.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
本文编号：2340322
[Abstract]:The inheritance law system can reflect the state of a country's economy, social culture and traditional customs. In the face of the rapid economic development of our country in the 21st century and the accumulation of social wealth, The inheritance property of Chinese citizens tends to focus on the means of production from the former means of living, and the drawbacks of the present inheritance law are more and more obvious. Especially the problem of legal succession is prominent, the regulation of parents as the first order heirs has not adapted to the present situation in China, the adjustment of succession order is the problem that we should pay attention to. Our country has also begun to revise the inheritance Law. Many scholars and experts have expressed their views and suggestions. They have seized the opportunity to adjust the succession order of their parents and changed it to the second order. This is the central thread running through this article. Further study is carried out around this main line. This text includes introduction and conclusion, which is divided into four chapters. The main contents are as follows: the first chapter is an overview of parental succession. Parental succession is closely related to legal succession. The first section introduces the concept and characteristics of the legal succession order, the second section introduces the basis of the legal succession order, the third section analyzes the status quo and defects of the legal succession order in China, so as to obtain the status quo and defects of the succession of parents. The fourth section discusses the legislative background of the inheritance law of our country at that time, and the legal stipulation of the succession of parents is the product which accords with the national conditions at that time. The purpose of this chapter is to explain the basic concepts while leading to the argument of this paper. The second chapter is the basis of adjusting the succession of parents. This is analyzed from three aspects. The first basis is that the changes in our country's modern society have led to changes in the legislative background, and the legislative background has changed. Then the order of inheritance of the parents born under the old legislative background does not meet the needs of the modern society. Thus needs to change; The second is to make up for the existing legal defects, mainly to prevent the phenomenon of property outflow; the third is based on the public inheritance habits, parents as the second order of heirs have traditional customary basis. The third chapter is to analyze and learn from the ancient and foreign provisions on parental succession. The ancient aspects are mainly from the ancient concept of inheritance, the extraterritorial analysis of Taiwan, France, Germany, Japan, the provisions of the succession of parents and reference. The fourth chapter is from the protection of parents' rights and interests. Adjusting parents as second order heirs cannot be simply adjusted. We should do a good job in dealing with the aftermath and make up for the shortcomings of parents as second order heirs. So that the argument of this paper is more strongly supported.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
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