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我国《继承法》自一九八五年颁布实施以来,已经走过了32个年头,在这三十几年里,为保护公民的私有财产的继承权发挥了巨大作用,但随着我国社会、经济、文化的发展以及日常生活的多样性,《继承法》中一些规则制度的不足与滞后也有所凸显,目前多数学者关于配偶继承权的思考多数集中于如何保障女性配偶的继承权益,而本文想谈谈现有的配偶继承权制度对其他第一顺位继承人权益的影响及现有代书遗嘱制度缺乏可信力的问题。
Since the promulgation law of our country was enacted and promulgated in 1985, it has gone through 32 years. During these thirty years, it has played a great role in protecting the succession rights of citizens’ private property. However, as our society, Economic and cultural development as well as the diversity of daily life, the inadequacy and lag of some rules and regulations in the Inheritance Law have also been highlighted. At present, most scholars’ thinking on spouse inheritance rights focuses on how to protect the rights and interests of female spouses. However, Talk about the impact of the existing spouse inheritance system on the rights of other first-degree successors and the lack of credible power of the existing representative’s will system.