（西南政法大学 民商法学院，重庆 401120）
On the Legislative Concept and the New Rules of the System of the Inheritance of the Civil Code
CHEN Wei, HE Hai-yan
(Civil and Commercial Law Academy，Southwest University of Political Science and Law，Chongqing 401120 ,China)
Abstract: The civil code inheritance is the "charter of rights" for the inheritance of private property in the new stage of our country. The codification of the civil code's inheritance adheres to the legislative concepts of the state's protection of the right of inheritance of natural persons, the protection of the freedom of the heirs to dispose of their inheritance, the emphasis on the function of the maintenance relationship in succession, the protection of the interests of the creditors of the estate and the security of transactions, and the rise of effective judicial interpretation to legislation. The Civil Code's inheritance has added or improved the following 21 systems or rules to varying degrees: the presumption of death time, the definition of the scope of inheritance, the acceptance and abandonment of inheritance and bequest, the loss of inheritance rights, subrogation, the subject of the discretionary claim of the estate, will trust, will form, will witness, will effect, will withdrawal, attachment to the obligation will, administrator, transfer of inheritance, bequest support agreement, the use of uninherited heritage owned by the State, the distribution of liability for the settlement of inheritance debt, the guardianship of the will, the establishment of the right of residence by will, the donation of human organs by will, and the effect of the right of bequest.
Keywords: Civil Code Inheritance; Legislative Concept; Inheritance; Heritage Processing; New Rules.