论我国配偶继承权制度的完善

配偶又称为"夫妻",法律规定合法婚姻中男女双方互为对方的配偶,它指男女双方因结婚而产生的亲属关系。合法的夫妻之间互相对对方遗产享有继承权是我国继承法明确规定的。赋予配偶继承权,是我国顺应文明发展趋势体现男女平等思想的表现。我国现行法律中对配偶继承权相关规定存在不足,可以从法定继承人顺序进行规定和在遗嘱继承方面设立特留份制度等进行完善。

Perfection of Chinese spouse inheritance system

Abstract: Spouse, also called "husband and wife", it refers to the kinship between men and women formed for marriage. It is clearly defined that legitimate couple have the right of inheriting the heritage of the other. It is a reflection of our civilization development trend and equality between men and women to endow spouse inheritance right. There are some shortcomings in our current laws of spouse inheritance rules, which can be ruled in the legal heir sequence, and perfected from the aspect of setting the legitim system in testamentary succession.