On The Construction Of The System Of The Managerial Personnel

Since the promulgation of the law of succession in China, the inheritance of the inheritance of the people’s lives has been solved in the early stage.. But with the continuous development of China’s social and economic, citizen wealth types continue to diversify, thirty years before the implementation of the "Inheritance Law" has been unable to perfect solve real life heritage inheritance.The relevant provisions of our succession law, for the handling of the heritage disputes between the custodian and the executor system, the two systems in the settlement of disputes in a certain practical significance. However, due to the lag of the legislation, the two systems can not solve the problems in real life. Mainly manifested as follows: custody system only custody rights, no right to dispose of the property, cannot in specific situations to protect its property value. At the same time, it can not actively promote heritage segmentation; executor system. Only the application of the wills, in the case of the intestate does not exist the executor, thus causing lack of the partitioning of the estate of the subject.Through the comparison and analysis of the people, the executor and the administrator of the estate, the paper points out the defects of the heritage preservation person and the executor system.. In the case of foreign legislation, combined with the situation of our country, we propose the advantages of the administrative system of the estate management, and propose the perfect management system of the estate.. The advantages of the administrative management: the obligation of the custody, the right of the punishment of the estate, the absence of the will, and the interests of the main body of the division of the inheritance. Heritage management system concrete construction to from heritage management qualification, the mode of production and the legal status, rights and obligations, release one explanation, finally maintain the heir, creditors, bequests and other interested parties interests, rationally in order to solve the problems related to the inheritance and to maintain social order.