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在继承法中,法定继承权取得的扶养原理是继承法的核心问题,扶养原理是以我国《民法》公平原则权利义务一致的精神,以法定继承权取得依据为基础,以扶养关系为核心建立的法学理论。由于抚养原理拓展了继承法的社会属性,因而具有重要意义。本文采用法定继承权取得的扶养原理,对我国《继承法》进行了诠释,同时阐述了面临我国《继承法》的修改之际国内传统继承观和现代继承观的学术争论。
In the law of succession, the principle of lawful inheritance is the core of the law of inheritance. The principle of affirmation is based on the principle of equal rights and obligations under the principle of fairness in Civil Law of our country, the law based on the basis of legal inheritance and the law theory. As the principle of rearing expands the social nature of the inheritance law, it is of great significance. In this paper, the author adopts the principle of affirmation of statutory inheritance to interpret China’s “Inheritance Law” and elaborates on the academic controversy in the face of China’s “Inheritance Law” at the time of revision as well as the traditional inheritance view and modern inheritance view.