The Legislative Conception Theory Of Executor System In China

It has been twenty-six years since the Law of Succession of the People’s Republic of China was promulgated and carried out. With the Reform and Opening-up and rapid development of the economic, the proportion of the private ownership economy is getting larger and larger. People’s wealth continues to grow. To today, whether people’s economic levels or the social ideology is quite different. The Law of Succession which was completely legal system of inheritance and built systematic originally can not fully meet the current needs. So perfecting the law of succession is our priority. However, completing the construction of a legal system is a very systematic project, and our scholars and legal experts have accumulated a lot of theoretical knowledge and practical experience for this purpose. We can anticipate a new era of our civil legal system will come because of the promulgation of the draft civil code.This paper mainly focuses on small clues, we aimed at Article 16 of the Law of Succession that is about the principles and provisions of citizens designated someone as a executor. We make a proposal of building and perfecting the executor system as soon as possible. At the same time, via analyzing and investigating the different legal systems of the executor in different countries and regions, we put forward some specific recommendations and bold tentative plans on how to establish and improve executor system.This paper is divided into four parts:ChapterⅠ, an overview of the executor system. First, this paper introduced the concept and the statements of the executor that the scholars give, then summarized the identification of a executor. Second, we introduced the origin and the history of the executor system. At last, we gave the evaluation on the effect of the executor system and the different theories of the executor system on the legal status. ChapterⅡ, we introduced the executor generation. Then discussed the way to the executor generation, a executor’s accreditation and inauguration and rejected conditions. We also introduced the analysis the pros and cons of the system in theory community and then put forward my views. ChapterⅢis about the rights and obligations of executors. I think the rights and obligations are the complementary unity when performing theirs duties under the special status. Performing will is reflected more as an obligation. We gave the specific provisions on the rights and obligations as executors in the legislative system in different countries. Under which circumstances we can end the executors and supervise how to perform the duties of the executors. ChapterⅣ, we introduced the legislation of the executors in China. This part is the key and also the return of the topic. First starting from what I saw and met in my work, and then I talked about the problems caused by the current law of succession which can not establish a complete executor system, and I put forward my own proposal and summary that was to establish and improve our executor system was necessary. Those proposals include the ways to generate, qualifications setting, rights and obligations and responsibilities as a executor and so on. Secondly, we propose making lawyers and notary publics as executors is feasible, and especially the notary publics have the unique advantages as the executor. Then we envisage the relevant operating procedures. At last, we put forward the concept of testamentary trust, its superiority and the problem encountered in actual operation.