On The Administration System

After succession begins at the death of a citizen, all the properties of the decedent become co-owned by his or her heirs. However, before the heritage divided, its proprietor is still under unstable conditions. During this period, it is too easy for the heritage to be divided, transferred or concealed by the occupant in private, especially for the valuables of the heritage, and it is easy for it to be damaged, stolen or lost partly or totally, for the possessor of the heritage was not confirmed and it is under no management or protection, or under ill management and protection. The purpose of this paper is that to find some steps to slove this problem and assure things concemed with legacy getting along smoothly.There are four parts in this paper. The first part of the article cites an example to prove that Law of Succession of the PRC should establish Heritage Management System. The second part of the article generally introduces the Heritage Management System from five aspects: its definition, its position, its qualification, its limits and its meanings.The third part of the article inspects and compares with the law provisions accord with Heritage Management System of various countries, such as Anglo-American Legal System (Genealogy of Common Law) countries and Mainland legal system countries. To solve this problem, various countries have established a series of systems according to their practical conditions, such as, Heritage Management System for Anglo-American Legal System (Genealogy of Common Law) countries, or Property Management System for German, Property Sheet and Official Liquidation System for Switzerland, Heritage Separation System for Japanese and French, and so on.The fourth part of the article introduces the present situations of the legislation of our country and raises the plans directly. Compared with other countries in the world, the regulations of Law of Succession of the PRC are too simple and have a lot of defects. It has no word on how to confirm the actual value of the heritage, or what responsibility the heir should assume when encroaching, concealing the heritage, or cheating the decedent's creditors. And it has no rigorous system to make the heritage separate with the successor's properties. There are also a lot of problems on the system that the heritage without heir reverts to the state or the collective. For example, the regulations are indefinite on who or which authority manage, protect, liquidate, and stand for the state to accept the heritage without heir. It has raised a lot of questions in practice.So Law of Succession of the PRC should establish Heritage Management System, and confer the manager such authorities: Manage, Divide, Dispose while in need, Supervise, Exclude the obstructiveness, initiate and participate in proceedings, and get paid during the period between the succession begins and the heritage were divided. Meanwhile, the Heritage Manager should perform such obligations: Check the amount and make the sheet of the heritage, Inform the debater and donatory in public, Manage the heritage appropriately, Hand over the heritage in time, Report to the successors, Obey the law and rules, Discharge the debates and hand over the heritage.