Characteristics of China's Ancient Inheritance Law

The characteristics of China's ancient inheritance law are the legality of inheritance right and the fixity of inheritance order.

Legitimacy of inheritance right: In ancient society, inheritance law was usually based on legal provisions, not personal wishes or agreements, which meant that only people who met certain conditions (such as blood relationship, marriage relationship, etc. ) are eligible to inherit property, and these conditions are usually determined by social status, family level, etc.

Fixed succession order: in ancient society, the succession order was usually stipulated by law, not freely chosen by individuals. In a family, people who inherit property usually follow a certain order, such as the eldest son, the second son and the daughter. These orders may vary by region and social class, but they are usually fixed.

Direct inheritance of property: In ancient society, the law of inheritance usually only involved the direct inheritance of property, and did not involve other forms of inheritance and distribution, which meant that heirs could usually obtain the decedent's property directly without other forms of distribution or division.

Inheritance system

The earliest appearance in history is identity inheritance, which is the premise of property inheritance. Slave society practiced the hereditary system of tribal chiefs and the inheritance system of property. After the death of a clan leader, his eldest son inherits his ruling and political status, and then holds property rights. Feudal society adapted to its ruling system. After the death of the king and nobles, his power, land and property were inherited by his eldest son.

In capitalist society, the property inheritance system finally replaced the identity inheritance system. In China, the Constitution of People's Republic of China (PRC) clearly stipulates the protection of citizens' private property rights and inheritance rights, and establishes a socialist inheritance system with the People's Republic of China (PRC) Inheritance Law as the core.