Our Executors System

Executor system has been very important one system in the law of succession. Civillaw has done detailed regulation in every country mostly to executor system, ourcountry has also established executor system in the law of succession, butextraordinary simplicity of content, The need being able to satisfy actual judicialpractice far from. Be necessary therefore, reinforcing the research into executorsystem, come to perfect the executor system of our country. The paper submitted theconcrete suggestion perfecting our country executor system by investigation anddiscussion to executor system and comparative analysis to executor system of manycountries. The paper consists of four parts:Part one the comparison of testamentary executing system among differentcountries or regionsIn this part the author introduces the concept of testamentary execution and divided itinto two kinds, the simple one and the sophisticated one. The simple one is mainlyabout the system of testamentary executor, and the sophisticated one is mainly aboutthe system of testamentary trust. the practice of testamentary executing in Mainland,HongKong, TaiWang, Macao and the system of testamentary trust of America,British, Japan,and Taiwang is being introduced here.Part two the basic principle of testamentary executing systemFirstly introduce the legal status of testamentary executor; secondly talk about theproduction of the testamentary executor; thirdly discussion of the rights and duties oftestamentary executor; lastly the termination of testamentary executing affairs, underfour circumstances which may lead to the termination of testamentary executingaffairs.Part three the construction of testamentary executor systemFrom two aspects mainly the testamentary executor system and testamentary trustsystem to summarize and analyze the testamentary system of China, figure out thenecessity of constructing the testamentary system of China and the key aspects on theprocess. Finally put foreword the concrete suggestion that improve the testamentaryexecuting system of China from several aspects as creation of executor, qualificationof assuming executor, rights and duties of executor, executor be removed from office,termination of executor's authority of office and so on. Part four the practice of testamentary executing, the law firm as the example. In this part talk about the ground for the law firm to be a executor, then introduce the practice held by the law firms in china mainly help someone the to set up a will, the testimony of a will of someone by the law firm and keep the will, to help someone to notarize a will, the practice of testamentary trust by the law firm.