On the Legal Right of Inheritance Between Stepparents and Stepchildren in the Civil CodeBased on 99 typical judgments

The legislation on the legal inheritance right between stepparents and stepchildren is in line with the reality of the increasing degree of population aging and the increasing pressure of socialized support in China. The relevant norms of the civil code inherit the legislative practice of previous departments. At present, judicial adjudication faces the dual dilemma of existing normative interpretation and normative blank supplement. The legal basis of legal inheritance between stepparents and stepchildren is the multiple structure of functionalism, the principle of equality and the principle of consistency of rights and obligations. This kind of inheritance right should be based on article 1127 of the civil code as the claim right, and it is necessary to form a dependency relationship during the existence of the marriage relationship. As a social de facto identity relationship, the support relationship is not dissolved due to the dissolution of marriage in laws after its formation. The determination of maintenance relationship should meet the requirements of behavior and time at the same time, and it needs to be judged according to the circumstances of the case. The upbringing education and upbringing connotation should not be regarded as the same. The elimination of legal inheritance should respect the wishes of the parties and allow independent decision-making through litigation or agreement. If the party refuses to support, it shall be presumed that he intends to terminate the support relationship and eliminate the legal inheritance right. The elimination of the legal inheritance right between stepparents and children does not eliminate the legal maintenance obligations under other circumstances.