On The Settlement System Of The Legislation Heritage

In inheritance, the heritage protection of the interests of creditors is essentially related to the social order and security transactions. Inheritance in the balance, to protect the interests of heirs and estate creditors, not only reflects the idea of a country's inheritance values, cultural traditions and habits, but also determines a country's legal system inherited the composition and design, has a strong local law color, is a concrete manifestation of their own national conditions. China's current law of succession in terms of legislative guidelines or the specific design and organization of the legal system so that there are obvious shortcomings, the expense of heritage protection of the interests of creditors, can not adapt and adjust the current complicated social and economic relations.The main use of comparative law in this paper. By comparison, analysis of settlement of two legal systems of different legacy systems, inheritance system further clearly China and shortcomings behind the legislative status quo, but also reflects the legacy inherited perfecting system, strengthening Heritage Protection of Creditor Benefits imminent.In this paper, the creditors and heirs estate guidance concept balance of interests, from the heritage protection in the perspective of the entity, through the improvement of China's heritage management system, to give up and accept the inheritance system; in the program, through elected administrator,Heritage claims the public notice, in accordance with the heritage of debt settlement in order to ensure the heritage interests of creditors and other maintenance. In this paper, from the legal and legislative aspects of starting, make perfect our heritage settlement system, strengthening of heritage protection in the legislative proposals in the hope of the heritage of protecting the legal rights of creditors to make efforts, but also hope to inherit the legal system in China tribute to further improve.