Inheritance Law and Related Regulations: Interpretation and Explanation - New Edition

Author: Liang Shuwen
Publisher:
Publish Date: 2001-04-01
Features: This book is based on judicial practices and theoretical research since the implementation of the Inheritance Law. It takes the law and its judicial interpretations as the core, combined with relevant supplementary legal provisions, to comprehensively and systematically elaborate on the legislative intent and interrelationships of the law and its legal regulations. It focuses on solving legal applications and practical issues related to hot, controversial, and difficult problems in practice. It condenses relatively consistent views from theoretical research while reflecting specific solutions in law enforcement practices, integrating the latest achievements of judicial practice and theoretical research.
[Explanation] This article stipulates the legislative basis and purpose of this law.
I. The legislative basis of this law
The preamble of the Constitution states: "This Constitution confirms the achievements of the Chinese people of all ethnic groups in the form of law, stipulates the fundamental system and tasks of the state, is the fundamental law of the state, and has the highest legal authority." The Constitution is the fundamental law of the state, the mother law of all other laws, and also the legislative basis for single acts, naturally being the legislative basis for this law as well.
Article 13 of the Constitution explicitly states: "The state shall, in accordance with the law, protect the right of citizens to inherit personal property." The provisions of the Constitution regarding the economic system, the basic rights and obligations of citizens, and other aspects are all important guiding bases for determining the scope of inheritance and handling inheritance cases.