《继承法》修改中“私法自治”理念的梳理与拓展

The Combing and Expanding the Concept of the Autonomy of Private Law in the Modification of the Law of Succession

文章以"私法自治"为价值理念对现行《继承法》的体系和内容进行梳理、评析,论述了我国社会生活中遗产继承的私权行为。同时,对正在修改的《继承法》如何坚守私法自治的理念提出了设想,文章建议,扩大法定继承人范围、不设立共同继承制度、建立后继承制度、扩大遗产的范围;就《继承法》中"私法自治"的实现要加以必要的限制;在《继承法》修改中创设"特留份"制度,继续坚守和完善公序良俗原则。

The author discusses the private right activities in the inheritance of our social life, taking the autonomy of private law as the value concept to comb and analyze the system and the content of the current Law of Succession. Meanwhile, the author promotes his point of view on how to adhere to the concept of the autonomy of private law in the modification of the Law of Succession, including： expanding the range of legal heirs, the common inheritance system being not established, establishing post-inheritance system, and expanding the scope of the heritage; the realization of the autonomy of private law in Law of Succession being restricted necessarily; the creation of special portion system in the modification of Law of Succession, continuously adhering to and improving the principle of public order and good morals.