继父母子女间的继承权辨析

Analysis on the Right of Succession between Stepparents and Stepchildren

《民法典》第1127条规定的“有扶养关系的继父母子女”应予以限缩解释,其适用范围仅限于有双向扶养关系的继父母子女。仅有单向抚养关系或单向赡养关系的继父母子女均应被排除出该条的文义范围。根据权利义务相一致的原则,对继子女进行抚养教育的继父母以及对继父母进行赡养扶助的继子女,均可依据《民法典》第1131条规定请求分得适当的遗产。在司法实践中,认定继父母子女间有无扶养关系时,可以考虑引入动态系统论,在具体个案中通过抽取一些因素,基于对这些因素权重、强弱效果及相互间互补性之考量,最终得出裁判结论。

The “Stepparents and Stepchildren in a Relationship of Support” stipulated in article 1127of the Civil Code of the People’s Republic of China(hereinafter referred as the Civil Code) should be limited in concept intrepretation, and its scope of application shall be confined only to the stepparents and stepchildren in a two-way relationship of support. The stepparents in a relationship of one-way support for child or the stepchildren in a relationship of one-way support for elderly parents shall be excluded from the scope of this article. According to the principle of consistency of rights and obligations, stepparents who have supported and educated the stepchildren and stepchildren who have supported and assisted their stepparents may request for an appropriate share of the estate in accordance with article 1131 of the Civil Code.In judicial practice, dynamic systems theory could be considered to introduce when identifying whether there is a relationship of support between stepparents and stepchildren. The conclusion of judgements shall be concluded by extracting some factors in specific cases and further based on the consideration of weight,strength and mutual complementarity of these factors.