试论我国区际继承法律冲突及其解决途径

由于“一国两制”方针的推行和一些特殊历史原因的影响,我国已经成为“一个国家,两种制度,三大法系,四个法域”的复合法域国家,区际法律冲突不可避免。在大量出现的区际民事法律关系中,继承关系占据了一定比例。由于我国四法域的继承法律制度差异很大,且区际继承关系较其它的民事关系复杂,所以,区际继承法律冲突及其解决途径问题则更加复杂。本文在比较四法域继承法律制度异同的基础上,详细评析了区际继承法律冲突各种解决途径的优劣利弊,认为通过准用(或类推适用)国际私法解决区际继承法律冲突是目前最现实、最可行、最稳妥地选择。

On the Conflict of the Regional Law of Inheritance in China and Its Solutions

As the practice of 'One country of two systems' and the influence of some special historical reasons,our country has become a country with complex legal regions: one country,two systems,three legal systems and four legal regions.So the conflict of regional laws can not be avoided.Among the large number of legal relations in the regional civil laws,the relation of inheritance takes a certain proportion.Because of the great difference in the legal institutions of inheritance in the four legal regions,as well as the more complicated relations of inheritance,the conflict of the regional law of inheritance and its solutions become even more complicated.Based on the comparison of the differences and similarities of the institutions of inheritance in the four legal regions,the essay reviews and analyses the advantages and disadvantages of various solutions to the legal conflicts of inheritance in different places.It holds that the most realistic,feasible and reliable choice,at present,is to apply or use on the analogy of the international private laws to solve this conflict.