我国法定继承人范围与顺序的历史检视与当代修正

Historical Inspection and Contemporary Revision of the Scope and Order of Legal Successors in China

1985年继承法中法定继承人范围与顺序的规定,同建国以来的司法实践经验和理论研究成果保持着连续性和一致性。在继承法未来修订中,应适当扩大法定继承人范围,增加四等亲为第三顺序继承人。丧偶儿媳对公、婆,丧偶女婿对岳父岳母,尽了主要赡养义务的,作为第一顺序继承人的规定仍需保留。配偶与父母保留在第一顺序继承人中具有合理性和妥当性,符合我国的国情、社情、民情、家情,符合权利义务相一致的法理精神,符合我国的家庭伦理观。

The provisions of the scope and order of legal successors in the Law of Succession of P. R.China in 1985 maintained continuity and consistency with the judicial practice and theoretical research beginning from the founding of the People＇s Republic of China. In the future revision of the Law of Succession,the scope of the legal successors should be appropriately expanded. The fourth-degree relatives should be regarded as successors of the third order. The following provision should be kept： Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order. It is reasonable for spouses and parents to keep their successors in the first order, which is in line with the national conditions, social conditions, public sentiments, family ties and the coherence between right and obligation in our nation. It also conforms to Chinese family ethics.