我国遗产酌给制度是以扶养为基础,对血亲、姻亲关系内亲属财产流转的突破。遗产酌给应采请求权说,并在我国民法典继承编中延续遗产酌给请求权这一明清以来惯用的概念。遗产酌给请求权制度的权利主体是非法定继承人,一方面是被继承人扶养的缺乏劳动能力又没有生活来源的人,另一方面是对被继承人扶养较多的人。与被继承人形成扶养关系的寡媳鳏婿属于法定继承人,不在我国遗产酌给主体范围。遗产酌给的重点在于扶养关系,而不在于特定身份关系,但在我国这种特定身份关系包括但不限于养子女、继子女、生育辅助治疗出生的子女等。 China’s heritage discretion system is based on the support of the relatives of blood relatives, marriage relations within the property of a breakthrough in circulation. At the discretion of the estate, the concept of right of claim should be adopted, and since the Ming and Qing Dynasties the concept of right of claim has been extended in the succession of our Civil Code. Legitimate discretion to the right to claim system is the main non-statutory heirs, on the one hand by the heirs to support the lack of ability to work without source of life, on the other hand is more dependent on the successor. The widowed-in-law, which forms the relationship with the decedent, belongs to the legal heir, and is not within the scope of the main body of our heritage. The emphasis of inheritance is on the upbringing of relationships, not on the specific identities, but in our country this particular status includes, but is not limited to children born of children, stepchildren and children born in childbirth.