完善我国法定继承人范围和顺序立法的思考

Proposals on the Legislative Amendment to the Scope and Orders of Intestate Successors of China

法定继承的人范围和顺序,是我国《继承法》修改的难点问题之一。围绕这一问题,学术界有诸多争论。关于我国法定继承人的范围和顺序,立法上还存在很多不足,应结合我国民众的继承意愿和继承习惯,借鉴外国立法经验,修改、完善相关立法。

The amendment to Chinese Succession Law is on the agenda. After exploring the amendment debates on the scope and orders of intestate successors, this paper analyzes the existing law on the scope and orders of intestate successors as well its legis- lative defects. Based on the legislative experiences from foreign countries and the inheritance willingness and habits of Chinese public, this paper puts forward some proposals on the amendment and improvement of succession law concerned as a reference to the legislature.