论法定继承的法律适用
On the Legal Application of Legal Inheritance

由于目前世界各国调整其国内法定继承关系的相关法律规定千差万别，导致与法定继承相关的法律冲突大量发生。如何解决此类法律冲突，确定涉外法定继承的法律适用，已经成为国际私法研究的一个重要课题。各国立法和国际公约采用的涉外法定继承法律适用原则有同一制和区别制，这两种原则各有千秋，我国也采用了区别制原则，但在这方面规定很简单，甚至存在很多法律空白。本论文就法定继承的法律适用展开探讨，并通过考察部分国家立法以及1988年的《死者遗产继承法律适用公约》，对当前我国和国际社会关于涉外法定继承的法律适用情况进行简要分析并提出笔者个人的看法。
Due to the diverse legal provisions in various countries around the world regarding the adjustment of their domestic legal inheritance relationships, more and more foreign-related legal inheritance relations have also occurred. How to resolve such conflicts of law and determine the applicable law of foreign-related legal inheritance has become an important topic in the study of private international law. The legal application principles of foreign-related statutory inheritance adopted by various countries’ legislation and international conventions include the same system and the differentiated system. These two principles have their own merits. My country has also adopted the principle of differentiated system. However, the regulations in this respect are very simple, and there are even many legal gaps. This thesis discusses the legal application of legal inheritance, and by examining some national legislations and the 1988 Convention on the Application of Laws on the Inheritance of the Deceased, a brief analysis of the current legal application of foreign-related legal inheritance in my country and the international community and proposes the author personal opinion.