The state protects the right of inheritance and other lawful rights and interests of individuals according to law.
● The main idea of the article
This article is about the protection of private legal savings, investment and property inheritance rights and other legitimate rights and interests.
● Legislative background
Article 13 of the Constitution stipulates that citizens' legitimate private property is inviolable. The state protects citizens' private property rights and inheritance rights according to law. Since the reform and opening up, with the development of economy, people's lives have been continuously improved and private property has been increasing. Savings and investment are important forms of private property, and inheritance according to law is also an important form of obtaining private property. Therefore, protecting private legal savings, investment and its income, and protecting private property inheritance rights and other legitimate rights and interests are important contents of protecting private legal property, and are also inevitable requirements for encouraging, supporting and guiding the development of non-public economy such as individual economy and private economy.
● Interpretation of the terms
Private property includes not only immovable property and movable property, but also the property right of private legal savings, investment and its income, as well as the inheritance right and other legitimate rights and interests of the above property.
First, saving. Savings here mainly refers to savings in daily life, that is, citizens deposit legally owned and temporarily unused money into credit institutions such as banks, credit cooperatives and postal savings institutions, and when the deposit expires or customers pay at any time, the credit institutions guarantee to pay interest and return the principal. According to the term of deposit, savings can be divided into current savings and fixed savings; According to deposit institutions, savings are generally divided into bank savings, credit union savings and postal savings. For individuals, savings deposit, as a financial asset, is a kind of private wealth. Individuals deposit money in credit institutions, on the one hand, to ensure the safety of cash, on the other hand, to pay interest and return the principal through credit institutions, which can increase wealth and improve business. By saving behavior, it is also conducive to cultivating scientific and reasonable living habits. According to the data released by the People's Bank of China in February 2006, by the end of 2006, the balance of RMB savings deposits in China was 15.8 trillion yuan. Thus, savings has become an important part of private property. It should be emphasized that only legal savings are protected by law. The so-called legal savings, first, require the legal source of deposits, and second, require credit institutions to engage in savings business with legal approval.
Second, investment. Investment refers to an economic activity that puts existing funds or the value that can be used for consumption into the future, so as to obtain greater value. The subjects and categories of investment activities are very extensive. This refers to private investment. The main way is to obtain higher capital gains by buying stocks, funds, bonds and futures, or to invest funds in enterprises to expand reproduction or obtain asset returns. With the continuous development of socialist market economy, investment has become an important means of personal wealth growth. Therefore, protecting legitimate investment and its income according to law is an important content of protecting private property, and it is also an inevitable requirement to encourage, support and guide the development of non-public economy such as individual economy and private economy. It should be emphasized that the investment behavior that violates national laws and policies and the investment income obtained therefrom are not protected by law.
Third, the right of inheritance. The right of inheritance refers to the right to inherit the property (inheritance) left by the deceased according to the will or legal provisions after the death of a natural person. Inheritance is also one of the important means for private individuals to acquire wealth. Especially in recent years, with the development of economy, individuals have more and more wealth, and individuals can freely control their legitimate property according to law. Of course, they have the right to decide the ownership of their property after death, which is one of the important contents of private property rights. What needs to be further explained is that the subject of inheritance right can only be a natural person. The basis of inheritance right is legal provisions or legal and effective will designation. According to the provisions of China's inheritance law and marriage law, the basis for China to obtain inheritance rights is: 1. Mutual acquisition of spouses' property inheritance rights based on marriage; 2. Obtaining the right of inheritance based on blood relationship, that is, children, parents, grandparents, grandparents, brothers and sisters obtain the right of inheritance based on blood relationship; 3. The problem of adopted son and adoptive parents based on the dependency relationship. The right of inheritance between stepchildren and dependent stepparents. A natural person can freely dispose of all his property according to law before his death, including determining the ownership of his property after his death through his will. According to Article 2 of the Inheritance Law, inheritance is the personal legal property left by a natural person when he dies, including: 1. Citizens' income; 2. Citizens' houses, savings and daily necessities; 3. Citizen forestry, livestock and poultry industry; 4. Cultural relics and books of citizens; 5. The law allows citizens to own the means of production; 6. Copyright and patent rights in citizens' property rights; 7. Other lawful property of citizens. According to the law, legally owned private property can be regarded as heritage. Therefore, all legitimate real estate, movable property, currency, investment income, etc. What is privately owned can be used as an inheritance.
In addition to the above provisions, this article also stipulates that the state protects other legitimate rights and interests of private individuals according to law, such as protecting private patent rights in accordance with the patent law and protecting private copyright in accordance with the copyright law.
● Relevant regulations
Article 13 of the Constitution, article 75 of the General Principles of the Civil Law and article 2 of the Law of Succession.