对我国姻亲继承合理性的再思考

根据我国《继承法》，不仅丧偶儿媳或女婿对公婆或岳父母尽了主要赡养义务后能成为第一顺序继承人，继兄弟姐妹间、旧社会形成的一夫多妻家庭中子女与生母以外的父亲的其他配偶间形成扶养关系的，也均互有继承权，该规定直接突破了世界通行的继承权仅在血亲及配偶范围内的传统基础。无论从继承权产生的基础，还是从姻亲继承产生的源流上分析，我国基于赡养扶助行为授予姻亲继承权都是对继承权基础的直接违背，也是对现实生活中民众继承习惯的背离。通过对姻亲的赡养扶助行为与继承权关系的分析，找出合理的路径与渠道对其实施赡养扶助行为后的权益进行补偿，始为正确的选择。

Rethink the Reasonability of Inheritance from Relation by Marriage

On the basis of the law of succession in our country, not only widowed daughter-in- law and son-in-law should be the first order successor in their duty to provide for their parents-in- law, but also stepbrother, stepsister, and children from wives in polygamous families which between the other spouses of their father form a foster relationship, they also have the right of succession. This stipulation breach the basis of tradition in the world which is the right of succession only applies in kindred. Regardless of from the emergence of the right of succession or the right of succession from relation be marriage to analyze, our country gives them the right of succession as relation by marriage based on support and assist behavior against the right of succession basis directly, and also against the custom of citizens in real life. Through analyze the connection between the behavior of assists and support to affinities and the right of succession, find out the reasonable path and channel to compensate the assists and support behavior, which is the correct selection.