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各国法律一般都有关于收养子女的法律规定,承认养子女具有一定的法律地位,但古今中外的各国法律均无关于收养孙子女的立法例。然而,在我国的现实社会中确实存在收养人收养养孙子女的事实。因此,司法实践中因养孙子女有无权利继承养祖父母的遗产纠纷时有所见,争执不一,处理也各异。我国法学界和司法部门对养孙子女的法律地位历来有两种意见,一种是不承认养孙子女的法律地位,理由是我国婚姻法只有养子女而无养孙子女的规定。另一种则主张作具体分析,符合收养条件的(即合法的收养),应承认他们的法律地位,不符合收养条件的,不予承认。我们同意后一种意见,理由
National laws generally have legal provisions on the adoption of children, and admit that adoptive children have certain legal status. However, there is no legislation in all countries at all times and in all countries concerning the adoption of grandchildren. However, there is indeed the fact that adopted children adopted their adopted grandchildren in the real world of our country. Therefore, in judicial practice, because of the grandson and grandchildren have the right to inherit the grandparents heritage disputes have seen, disagreement, handling is also different. Our legal circles and judicial departments have always had two opinions on the legal status of their grandchildren. One is that they do not recognize the legal status of their grandchildren on the grounds that they are the only ones that have adopted children without raising their own grandchildren in the Marriage Law of our country. The other advocates a specific analysis of the adoption of the conditions (that is, legal adoption), should recognize their legal status, does not meet the conditions of adoption, will not be recognized. We agree with the latter opinion and justification