论继承法的权利义务相一致原则

On the Principle of Enjoying the Rights and Performing the Duties Simultaneously in Inheritance Law

继承法权利义务相一致原则体现的是继承法同时具有身份法与财产法、任意法与强行法等多种不同维度的多重法律属性,是继承法对宪法原则的具体化实践。以该原则可能导致继承权利与扶养义务出现等价交换为理由否定该原则,忽视了我国继承法所具有的养老育幼、照顾病残的立法精神。该原则的确立有助于强化国家对社会弱势群体权益的特殊价值关怀,其权利、义务相一致的本质是法价值的理性实践。

The Inheritance Law simultaneously has varieties of legal characters, such as the characters of personal status law and property law, jus vogens and jus dispositivum, which leads to the basic principles of civil law, as generally adjusting the legal relationship of property, unable to apply to the inheritance law completely.And the principle of enjoying the rights and performing the duties simultaneously in Inheritance Law just reflects such legal characters. Therefore, to legislate this principle is useful to strengthen special care to the the old-aged,child, sick and physical disabled.