What criteria should be used to carry out legal succession under the inheritance law of our country?

1. Spouses, parents, children, widowed daughters-in-law or widowed sons-in-law who have fulfilled their main maintenance obligations, adopted children named adopted grandchildren, subrogated heirs, and fetuses;

2. Siblings, grandparents, maternal grandparents.

Order of succession of legal heirs:

1. After the inheritance begins, it will be inherited by the heirs in the first order, and the heirs in the second order will not inherit. If there is no first-order heir to inherit, the second-order heir shall inherit;

2. The share of inheritance inherited by legal heirs in the same order shall generally be equal, except as otherwise provided by law;

3. The first heir. Spouse, in a legal marriage, both spouses are each other's first-order heirs. Therefore, the parties to the cohabitation relationship and the parties to the marriage that has been annulled or annulled do not have the right to inherit each other; Parents, parents include the decedent's biological parents, adoptive parents, and step-parents who form a dependent relationship.

Where stepparents inherit the estate of their stepchildren, it does not affect their inheritance of the inheritance of their biological children; Children, including legitimate children, illegitimate children, adopted children and dependent stepchildren of the decedent;

4. A widowed daughter-in-law or widowed son-in-law who has fulfilled the main maintenance obligation. If a widowed daughter-in-law has fulfilled the main obligation of support to his father-in-law or mother-in-law, regardless of whether he or she has remarried, he or she shall be the first-order heir;

5. An adopted child named an adopted grandchild. If the child is nominally an adoptive grandchild, but in fact belongs to the relationship between the adoptive parents and the adoptive child, the "adoptive grandchild" is the first-order heir;

6. Subrogation heir. The subrogated heir participates in the inheritance on behalf of his own parents, and is of course the heir in the first order;

The basic principles of our inheritance law are the principle of inheritance rights for the protection of citizens' private property and the principle of equality between men and women in inheritance rights. The right of inheritance is an important civil right, which is the right enjoyed by the heir in accordance with the law to obtain the inheritance of the deceased without compensation. Fundamentally, it is a property right, but it has distinct identity characteristics, so it is different from ordinary property rights or personal rights.

In the event that the right of inheritance is infringed, the rightful heir may claim the restoration of the inheritance.

Article 1127 of the Civil Code of the People's Republic of China shall inherit the inheritance in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir to inherit, the second-order heir shall inherit;

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. Hongran.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

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Principles of the application of law to statutory succession.

Statutory succession is the scope of heirs, the order of inheritance and the division of the inheritance are only suitable for the inheritance method prescribed by law, also known as intestate succession. At present, the legislation and practice of legal succession are not exactly the same in various countries in the world, and there are many differences in the scope of heirs, the order of heirs, subrogation, the share of inheritance, the loss of inheritance rights and the renunciation of inheritance rights.

1. Rules for the application of the law of statutory succession.

Since there is no unified principle of how to determine the applicable law of foreign-related succession, from the perspective of private international law legislation and judicial practice and international treaties in various countries around the world, the conflict principles applicable to foreign-related legal succession include the application of the decedent's domestic law, the law of the decedent's domicile and the law of the location of the estate. Among them, there are two types of "same system" and "differentiated system" in terms of whether to separate the movable and immovable property in the estate to determine the application of the law of foreign-related inheritance. The distinction system refers to the division of property into movable property and immovable property in foreign-related inheritance, and the substantive law pointed to by different conflict norms is applied to movable property and immovable property respectively - the personal law of the decedent is applicable to movable property, and the law of the location of the immovable property is applicable.

China adopts the distinction system, and most other countries also adopt this system, such as the United Kingdom, the United States, France, etc. There are advantages and disadvantages of the different system and the same system of infiltration culture. Due to the special nature of immovable property and its close relationship with the country in which it is located, it is beneficial to adopt a differentiated system, but if the immovable property is located in several frontal countries, the inheritance relationship will be complicated and enforcement will be difficult.

The adoption of the same system can avoid the defects of the distinction system, and the same system also has the defect, that is, when the personal law of the decedent and the law of the location of the property are not the same, there are also difficulties.

2. China's provisions on legal succession.

Article 149 of the General Principles of the Civil Law stipulates that for the legal succession of estate, the law of the place of residence of the decedent at the time of death shall apply to movable property, and the law of the place where the immovable property is located shall apply to immovable property. Article 51 of the Law on the Application of Laws to Foreign-Related Civil Relations, which came into effect on April 1, 2011, stipulates that Article 36 of the Inheritance Law shall apply to the law if it is inconsistent with the provisions of the law.

Answer] :d the investor of a sole proprietorship is a natural person, and the natural person must be a Chinese citizen and Ye Qi cannot be a person who is prohibited from engaging in for-profit activities by laws and administrative regulations; State civil servants, leading cadres of Party and government organs, police officers, procurators, judges, and staff of commercial banks shall not apply for the establishment of a sole proprietorship enterprise as investors.

Answer] :d first order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents (A is wrong). After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit;

If there is no first-order heir, the second-order heir shall inherit (d correct). If a widowed daughter-in-law has fulfilled the main obligation of support to her father-in-law and mother-in-law, or a widowed son-in-law has fulfilled her main obligation of support, she shall be the heir in the first order (B error). For those other than the heirs who are dependent on the deceased and lack the ability to work and have no livelihood, or those who are not the heirs and have more support for the decedent, they can be given an appropriate inheritance (C error).