中外法定继承之继承人范围及其份额的比较法研究

On the Scope of Successors and Their Shares in Intestate Succession in China and Abroad: a Comparative Law Approach

法定继承制度中,在继承人的范围、继承顺序以及配偶的继承份额等方面,各国立法有较大的不同。我国的法定继承制度沿袭了前苏联的立法,但也略有不同。经过近三十年严格的计划生育政策,我国家庭的成员日益减少,结构渐趋简单,新的继承法立法应该适应这一变化,在配偶的用益物权、法定继承人的继承范围等方面进行改革,但是在对配偶的继承顺序和继承份额、对公婆尽了主要赡养义务的丧偶儿媳和对岳父岳母尽了主要赡养义务的丧偶女婿的继承权等方面的立法,则应予以保留。

In the issues of scope of successors, each successor＇s shares and the spouse＇s shares for intestate succession, different countries have a lot of different prescriptions. In China, the rules in this field come from the Soviet Union, although some of them have been adjusted. After enforcing the birth-control policy seriously for almost thirty years, there are fewer family members in China, and the structure of the family is also simpler than ever. So Chinag new succession law should reflect those changes and adapt new rules in spouse＇s usufructuary right and the scope of successors in intestate succession. But the following rules should be kept ： the order and the shares of the spouse for succession, the succession rights of the daughter-in-law and the son-in-law who Still support the spouse＇s parents while losing his or her spouse.