我國(guó)財(cái)產(chǎn)繼承制度的法理思考.pdf

1、中南民族大學(xué)碩士學(xué)位論文我國(guó)財(cái)產(chǎn)繼承制度的法理思考姓名：張紅菊申請(qǐng)學(xué)位級(jí)別：碩士專(zhuān)業(yè)：法學(xué)理論指導(dǎo)教師：鄧紅蕾20060501我國(guó)財(cái)產(chǎn)繼承制度的法理思考 IIABSTRACT With continuous and stable development of the economy in the society, the property people can control freely is not

2、 limited only to living materials, but also including many other forms of p roperty as stock ownership, partnership , lease- hold right and building property right. More and more private business owners

3、 and self- employed owners leave many unsettled patrimony behind them, which leads to the necessity of a patrimony manager to settle them, and a system that urges creditor to realize their righ

4、t and debtors to fulfill their obligation. But the succession law of PRC lacks relevant stipulations, which creates a law- gap problem. In real life, cases of encroaching on successors’right oft

5、en happen, there are more and more patrimony disputes, which shows hat the present property succession system is not capable of adjusting the property succession relationship and can not meet

6、the needs of practical law. The system has to be modified and perfected to become a modernized succession law, if there is no modernization of succession law, there is no modernization of th

7、e whole law system. There are three ways to realize modernization of law, first, to transform the old laws into modern ones to meet the needs from the modern society. Second, to transplant a

8、dvanced law systems in other countries and other fields to our society o realize modernization of succession law. Third, to combine both , that is, to transform the laws in our country as w

9、ell as to transplant laws in other countries and other fields to realize modernization of succession law. China is a developing country, the situation in China demand that when modifying succes

10、sion law of PRC, we shall transform the existing law, habits and rituals to modernization and transplant he laws in our country as well as to transplant laws in other countries. No matter t

11、ransforming or transplanting, we have to pay enough attention to native law resources, only on the basis of local law resources can modernization of law be realized. Habit is an important resource of law