Comparative Study on Inheritance Law

Author: Liu Wen
Publisher:
Publish Date: 2004-10-01
Features: Comparative civil and commercial law is not a legal system or department but usually refers to the comparative study of civil and commercial law in different countries or regions, also known as comparative civil and commercial jurisprudence, which is an important branch of comparative law. In the history of comparative law, the comparative study of civil and commercial law was the pioneer and mainstream of its rise. Since the 19th century, comparative law has become particularly popular in fields such as civil and commercial law. After World War II, although comparative law has seen significant development and its research scope has expanded, the comparative study of private law still dominates. The representative International Encyclopaedia of Comparative Law is primarily focused on civil and commercial law. Comparative civil and commercial law conducts comparative studies of civil and commercial law in all-round and multi-dimensional ways. Its comparative methods include general and sectoral comparison, macro and micro comparison, horizontal and vertical comparison, substantive and formal comparison, and so on. However, among all these comparative methods, there are essentially only two that are truly methodologically significant: "descriptive comparison" and "analytical comparison." "Private law is the foundation of all laws; to govern public law, one must first govern private law." Based on the status of private law (i.e., civil and commercial law) in the legal systems of countries worldwide, conducting comparative studies of civil and commercial law holds great significance. Currently, China is actively researching and formulating a civil code, necessitating the bold borrowing and adoption of advanced legal rules and legislative techniques from developed countries and regions that regulate market economies. This requires the foundation and prerequisite of comparative civil and commercial law research. Comparison enables discernment, allowing us to select the best. In judicial practice, whether applying private or public law, legal practitioners must broaden their horizons, familiarize themselves with the basic provisions and doctrines of civil and commercial law in major countries and regions, and grasp the intrinsic connections between different legal departments. This enables a deeper understanding of the spirit of the law and continuous improvement of law enforcement and judicial standards. For legal education and research, conducting comparative civil and commercial law studies holds even greater significance. Comparative civil and commercial law provides fresh insights for law school faculty and researchers, helping them understand and respect the unique civil and commercial legal cultures of other countries. This, in turn, enhances their understanding of their own legal systems, refines their knowledge structures, improves their research levels, and provides more scientific and reliable theoretical guidance for the development of their national legal systems. Currently, China has made certain progress in comparative civil and commercial law research, publishing several works on comparative civil law and some universities have even offered courses on comparative civil law. However, overall, the comparative study of civil and commercial law remains insufficiently comprehensive and in-depth, and there is no series of works on comparative civil and commercial law, which is disproportionate to the research on civil and commercial law itself. To address this, we have compiled this series of comparative civil and commercial law books, aiming to further promote the development of legal system construction and academic research. This series includes: Comparative Research on General Civil and Commercial Law, Comparative Research on Property Law, Comparative Research on Contract Law, Comparative Research on Family Law, Comparative Research on Inheritance Law, Comparative Research on Intellectual Property Law, Comparative Research on Company Law, Comparative Research on Negotiable Instruments Law, Comparative Research on Securities Law, and Comparative Research on Bankruptcy Law. The authors of this series come from institutions such as the People's University of China, the Chinese People's Public Security University, the University of International Business and Economics, the Central University of Finance and Economics, Xiamen University, the Legal Affairs Commission of the National People's Congress, and the China Securities Regulatory Commission. They include both academic experts and legal practitioners from relevant departments. They are all young scholars, most with doctorates, with solid theoretical foundations and deep academic expertise. They are quick thinkers, ambitious, and have long been active at the forefront of academic research in related fields, while also being familiar with practical operations, laying a solid foundation for ensuring the quality of this series. The legal system of property inheritance is an important part of civil law. I have been engaged in teaching and research in civil law for nearly 20 years, and property inheritance has always been a key area of my study and research. Many years ago, I participated in the National Social Science "Seventh Five-Year Plan" project "Civil Law of China." The research results of this project were published as several monographs. Under the pen name "Liu Wen," I contributed to writing some chapters of "Civil Law of China: Property Inheritance," published by the China People's Public Security University Press in 1990. The monograph "Civil Law of China: Property Inheritance" provides a comprehensive and objective analysis of the historical evolution of the property inheritance system, revealing its essence and the laws governing its development and changes. However, although the book also compares and evaluates the relevant systems of foreign countries when discussing specific property inheritance systems, it primarily focuses on China's national conditions and judicial practice, explaining the issues of property inheritance. After completing the writing of this book, I conceived the idea of conducting an in-depth comparative legal study of specific systems within property inheritance and writing a monograph on comparative inheritance law. However, due to my subsequent participation in writing other monographs such as "Civil Law of China: Intellectual Property" and other reasons, I delayed starting the work. In 2000, Professor Xu Wusheng and Professor Jin Baolan organized a group of civil law teachers and doctoral students to write a series of monographs on comparative civil and commercial law. I was honored to contribute to the writing of "Comparative Research on Inheritance Law," fulfilling a long-held wish. After careful study and research, I completed the writing of "Comparative Research on Inheritance Law." The book provides a comprehensive analysis and comparison of specific property inheritance systems in major legal systems worldwide. It not only analyzes and compares the similarities and differences in specific inheritance systems between China and typical countries in major legal systems such as France, Germany, Switzerland, Japan, the United Kingdom, the United States, and Russia but also collects legal materials from Asian and African countries and incorporates them into the analysis and comparison. The book also summarizes useful experiences from foreign inheritance legal systems, offering legislative recommendations for China to formulate a civil code and improve its property inheritance legal system. Due to my limited academic capabilities, errors are inevitable, and I welcome criticism and corrections from senior scholars and colleagues in the legal field. I also welcome valuable feedback from law students and readers from all walks of life.