중국의 상속권 상실제도

Abstract

The forfeiture of the succession right adheres to “the principle that no one shall benefit from his illegal behavior”, and it is a civil sanction, sometimes complexed with criminal punishment, against the illegal or criminal behaviors of successors. Therefore, it has been suggested that the amendment of Succession Law we should neither condone the illegal or criminal behaviors of the successor, nor be too harsh on them; meanwhile, the intention of the decedent should be substantially respected. This paper proposes to add such provisions of “successors who concealed the will” and “successors who force or hinder the decedents in forming, changing or revoking the will by means of fraud or coercion” as legal causes of relatively forfeiting the succession right. Moreover, this paper reveals a trend that the Forgiving System which is only applied to successors who abandon or mistreat the decedent under serious circumstances now should be modified entirely in the future.