僧人遗产继承问题研究

发布时间：2018-07-03 16:55

本文选题：僧人遗产 + 寺院　；参考：《西南政法大学》2015年硕士论文

【摘要】：遗产处理是人身财产关系的最后延续,合情合理地处置遗产,体现了对被继承人的尊重,同时也是对生者的慰藉,而僧人遗产继承问题却鲜有人知,实践中僧人家属与寺院常因争夺亡僧遗产而产生冲突甚至进入法院打官司。由于最高人民法院没有通过合理手段解决目前的司法困境,导致该问题从1984年巨赞法师遗产继承纠纷案至今仍未在法制轨道解决。本文通过对僧人遗产问题的来龙去脉进行梳理,继而进行法理分析,希望可以对僧人遗产继承问题在司法实践中如何处理提供借鉴。全文除引言和结语,共四章:第一章通过引用四个与僧人遗产继承有关的司法纠纷,发现寺院和亡僧家属都要求继承亡僧遗产是僧人遗产继承纠纷的矛盾所在。而其法学本质则是佛教习惯法和世俗法的冲突,从而引发在法律的层面僧人是否拥有私有财产以及僧人的合法继承人问题。第二章是本文的重点,本章主要确定了僧人遗产的范围,没有私有财产就无从谈起遗产继承。佛教传入我国后,经过历史演化,僧人由禁止持有私有财产发展为允许僧人持有私有财产。当代僧人的遗产和普通公民相比,大部分遗产范围相同,但因其身份特殊,其遗产的种类和范围又与普通公民有些区别。第三章是本文核心也是本文的难点,围绕僧人遗产继承中的法定继承展开论述。法律必须注重法理和情理,法律合情且合理,方不失为良法。僧人遗产继承问题历史上早已有之,历史必须借鉴,同时又要与时俱进以符合现代法治理念。本章第一部分从僧人遗产继承的法理依据入手,详细阐述僧人遗产继承应遵循的基本原则。第二部分分析了佛教丛林习惯具有习惯法的法律地位,明确了寺院、僧人和家属三者之间的关系,从而确定寺院作为僧人唯一的法定继承人。第三部分详细阐释了僧人的俗家亲属不宜作为亡僧法定继承人的原因。第四部分简单说明死亡应作为僧人遗产继承的开始。第四章是针对僧人的遗嘱为中心探讨的。遗嘱是逝者对自己财产支配一种方式,按遗嘱继承是尊重死者的最好表达方式。僧人并不能因为遁入空门而被遏制自由订立遗嘱的权利。在佛教发展的过程中形成的丛林规则允许僧人通过遗嘱处分自己的财产,并且按照遗嘱规定继承遗产符合当时的法律规定。因此,僧人将遗产留归寺院的行为是遗嘱继承,应当尊重其个人遗愿,由寺院继承。而僧人将财产赠与寺院之外的组织或其他人的行为,应优先保护僧人的遗赠自由,对于寺院而言,可以通过继承法第十四条:对被继承人尽较多义务的人,可以分得适当遗产,进而得到利益平衡。
[Abstract]:The estate management is the last continuation of the relationship between the person and the property. The proper and reasonable disposal of the estate reflects the respect for the heirs and the consolation of the living, but the inheritance of the monk's inheritance is seldom known. In practice, family members of monks and monasteries often conflict with each other and even go to court to file lawsuits. Because the Supreme people's Court has not solved the current judicial dilemma by reasonable means, the problem has not been solved in the legal system since 1984. By combing the history of the monk heritage, and then analyzing the legal theory, this paper hopes to provide a reference to how to deal with the inheritance problem in the judicial practice. In addition to the introduction and conclusion, there are four chapters: the first chapter, by quoting four judicial disputes related to the inheritance of the monk's inheritance, finds that the contradiction between the monk's inheritance dispute lies in the claim of the monastery and the deceased monk's family to inherit the deceased monk's inheritance. The essence of its jurisprudence is the conflict between the Buddhist customary law and the secular law, which leads to the question of whether the monk owns private property and whether the monk's legal successor is in possession of the private property. The second chapter is the focus of this paper, this chapter mainly determines the scope of monk heritage, without private property, there can be no inheritance. After Buddhism was introduced into our country, after historical evolution, monks developed from prohibiting private property to allowing monks to hold private property. Compared with ordinary citizens, most of the legacies of contemporary monks are of the same scope, but because of their special status, the types and scope of their heritages are different from those of ordinary citizens. The third chapter is the core of this article and the difficulty of this paper, focusing on the legal inheritance of monk inheritance. The law must pay attention to the legal principle and the reason, the law is reasonable and reasonable, only then is the good law. The inheritance of monk's heritage has already existed in the history, which must be used for reference, at the same time, it must keep pace with the modern legal concept. The first part of this chapter begins with the legal basis of the inheritance of monk's inheritance, and expounds in detail the basic principles which should be followed in the inheritance of monk's heritage. The second part analyzes the legal status of Buddhist jungle custom as customary law, and clarifies the relationship among monasteries, monks and family members, so as to determine the monastery as the only legal successor of monks. The third part explains in detail the reasons why the monk's vulgar relatives should not be the legal heirs of the dead monks. The fourth part simply explains that death should be the beginning of monk's inheritance. The fourth chapter focuses on the wills of monks. A will is a way for the deceased to dispose of his property, and testamentary succession is the best way to respect the deceased. Monks cannot be deterred from making free will because of their absence. The jungle rules formed during the development of Buddhism allowed monks to dispose of their property by will and to inherit according to the will was in accordance with the law at that time. Therefore, the monk's act of leaving the inheritance to the temple is testamentary succession, which should respect his personal will and be inherited by the monastery. In the case of monasteries, the monks should give priority to protecting the freedom of the monks to bequeath their property to organizations or other persons outside the temple. In the case of monasteries, article 14 of the Law on inheritance may be adopted: those who have more obligations towards the heirs may be given appropriate inheritance. And get a balance of interests.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5

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