自古罗马至今，配偶、子女、父母法定继承制呈现强烈的伦理色彩，是民族精神最浓厚的法律制度之一，其变革缓慢，制度化的不平等最近才消除。但作为遗产分配方法，技术性突出，发展趋同，欧陆各国最终在同构的现代社会与家庭形态之上，基于共同的价值原则，建构了大体类似的三者法定继承制。对此，我国既要吸收该制度蕴含的人类文明社会基本价值准则，也要基于国情进行本土化制度建构。%The system of intestate succession of spouse , children and parents has been showing strong ethics color and is one of the legal institutions with the most national spirit from ancient Rome up to now .The change of the system is so slow that institutionalized inequal-ity has been recently removed.However, the system, as a method of distributing the heritage, has prominent technical features and similar development trend .In the end, the civil law countries in European continent built the broadly identical system of intestate suc -cession of spouse , children and parents with common value principles based on the isomorphic modern society and family .As for Chi-na, construction of the system not only should adopt the common value principles in human civilized society , but also should be prece-ded according to China ’ s national conditions .
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