Abstract: The legal portion system is a product that balances the conflicts between prohibition of heritage disposal and freedom of testament， and between individual freedom and social public interests. In nature， legal portion belongs to a special right of inheritance， which a legal heir is entitled to after the opening of succession. The statutory share in the inheritance law of PRC is not legal portion by nature， which has drawn lessons from the corresponding systems of the former Soviet Union and many other socialist countries. Although the statutory share limits to some extent a testators freedom of property disposal， its main function is to give full play to the household old-age and child care， and to reduce the social burden rather than to restrict testamentary freedom. In Chinas future civil code， a parallel double-track mode of statutory share in testament inheritance and legal portion in legacy should be formulated.

Key words: freedom of testament, legal portion, statutory share