第一条 根据《中华人民共和国宪法》规定,为保护公民的私有财产的继承权,制定本法。
Article 1 This Law is enacted pursuant to the provisions of the Constitution of the People's Republic of China with a view to protecting the right of citizens to inherit private property.
第二条 继承从被继承人死亡时开始。
Article 2 Succession begins at the death of a citizen.
第三条 遗产是公民死亡时遗留的个人合法财产,包括:
Article 3 Estate denotes the lawful property owned by a citizen personally at the time of his death, which consists of:
(七)公民的其他合法财产。
and (7) his other lawful property.
第六条 无行为能力人的继承权、受遗赠权,由他的法定代理人代为行使。
Article 6 The right to inheritance or legacy of a competent person shall be exercised on his behalf by his statutory agent.
限制行为能力人的继承权、受遗赠权,由他的法定代理人代为行使,或者征得法定代理人同意后行使。
The right to inheritance or legacy of a person with limited capacity shall be exercised on his behalf by his statutory agent or by such person himself after obtaining the consent of his statutory agent.
第七条 继承人有下列行为之一的,丧失继承权:
Article 7 A successor shall be disinherited upon his commission of any one of the following acts:
(一)故意杀害被继承人的;
(1) intentional killing of the decedent;
(二)为争夺遗产而杀害其他继承人的;
(2) killing any other successor in fighting over the estate;
(三)遗弃被继承的,或者虐待被继承人情节严重的;
(3) a serious act of abandoning or maltreating the decedent;
(四)伪造、篡改或者销毁遗嘱,情节严重的。
or (4) a serious act of forging, tampering with or destroying the will.
第九条 继承权男女平等。
Article 9 Males and females are equal in their right to inheritance.
第十条 遗产按照下列顺序继承:
Article 10 The estate of the decedent shall be inherited in the following order:
第二顺序:兄弟姐妹、祖父母、外祖父母。
Second in order: brothers and sisters, paternal grandparents, maternal grandparents.
继承开始后,由第一顺序继承人继承,第二顺序继承人不继承。
When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order.
The successor(s) second in order shall inherit in default of any successor first in order.
没有第一顺序继承人继承的,由第二顺序继承人继承。
When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order.
The successor(s) second in order shall inherit in default of any successor first in order.
本法所说的子女,包括婚生子女、非婚生子女、养子女和有扶养关系的继子女。
The "children" referred to in this Law include legitimate children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.
本法所说的父母,包括生父母、养父母和有扶养关系的继父母。
The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent.
本法所说的兄弟姐妹,包括同父母的兄弟姐妹、同父异母或者同母异父的兄弟姐妹、养兄弟姐妹、有扶养关系的继兄弟姐妹。
The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.
第十一条 被继承人的子女先于被继承人死亡的,由被继承人的子女的晚辈直系血亲代位继承。
Article 11 Where a decedent survived his child, the direct lineal descendants of the predeceased child inherit in subrogation.
Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother was entitled to.
代位继承人一般只能继承他的父亲或者母亲有权继承的遗产份额。
Article 11 Where a decedent survived his child, the direct lineal descendants of the predeceased child inherit in subrogation.
Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother was entitled to.
第十二条 丧偶儿媳对公、婆,丧偶女婿对岳父、岳母,尽了主要赡养义务的,作为第一顺序继承人。
Article 12 Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order.
对生活有特殊困难的缺乏劳动能力的继承人,分配遗产时,应当予以照顾。
At the time of distributing the estate, due consideration shall be given to successors who are unable to work and have special financial difficulties.
对被继承人尽了主要扶养义务或者与被继承人共同生活的继承人,分配遗产时,可以多分。
At the time of distributing the estate, successors who have made the predominant contributions in maintaining the decedent or have lived with the decedent may be given a larger share.