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我国《继承法》自1985年颁布以来,在遗产继承方面民事法律关系的调整中发挥了重大作用,但同时,随着时代的进步和经济的发展,国民个人财富积累逐渐增加,国内遗产继承司法实践中涌现出越来越多的新问题,这部制定于30年前的法律逐渐与社会现实脱节。本文从法定继承人范围和继承顺序的调整、代位继承制度的完善两个方面入手,参考各国立法例,对我国法定继承制度的修订和完善过程中需要考虑的问题和因素提出建议。
Since the enactment of the “Succession Law” in 1985, it has played an important role in the adjustment of civil legal relations in the inheritance of inheritance. At the same time, with the progress of the times and the development of economy, the accumulation of national wealth has gradually increased, In practice, more and more new problems have emerged, and this law, which was enacted 30 years ago, is gradually getting out of touch with social reality. This article starts with the adjustment of legal heir’s scope and succession order and the improvement of subrogation succession system. With reference to the legislative cases in other countries, this article puts forward some suggestions on the problems and factors that need to be considered in the process of the revision and perfection of our legal succession system.