《民法典·继承编》的人文观照与制度保障

The Inheritance Series of the Civil Code: Humanistic Care and Institutional Guarantee

我国《民法典·继承编》编纂几易其稿,民众对其抱有较大寄望与期盼。寄望其展现人文观照情愫,尊重生存价值、维护自主能力、推进实质平等;期盼其完善制度保障体系,彰显继承意愿、提供救济机制、维护继承秩序。人文观照路径,在于完善继承制度与规范配置,回应社会分层现实,彰显继承宗旨,协调继承利益;制度保障路径,在于融贯形式平等与实质平等,解决继承纠纷,回应社会需要。

The draft of the Inheritance Series of the Civil Code has been changed several times, people have deep hopes and expectations for it. It is hoped that the Inheritance Series of the Civil Code can show humanistic solicitude, respect survival value, maintain independent ability and promote substantial equality;it is expected that the Inheritance Series of the Civil Code can improve the institutional guarantee system, manifest the will of succession, provide a relief mechanism and maintain the order of succession. The approach to humanistic care lies in perfecting the inheritance system and standard allocation, responding to the reality of social stratification, highlighting the purpose of inheritance, and coordinating the inheritance interests;the approach to institutional guarantee lies in the integration of formal equality and substantial equality, solving inheritance disputes, and responding to social needs.