The Study Of Protecting Creditors’ Rights In Inheritance Law Of Our Country

Inheritance law is an important part of civil law. The complete of the legislationis related to the protection of civil property ownership and the embodiment of themethod of safety value directly. Our country’s inheritance law attaches greatimportance to balance as well as protect the interest of heirs and creditors of thedecedent, and established with limited inheritance for the principle of inheritancesystem. But due to the limitation of the legislative environment at that time, theprovisions of the succession law is a general entail principle. There is no limit to theconditions of limited succession, and it is often appears heir to the behavior of thedamage interests of heritage creditors. Inheritance law needs to complete the relatedsystem of legislation, to balance the interests of the heir and creditors, also protectthe legal property rights and to promote social harmony and stability. So it is veryimportant to complete the legislation of the protection of the creditors. In order tolook forward to building a harmonious and stable society.The legal theory research should be based on the practice, so when we studylegal theory system，we should start from national conditions of our country andbase on the practice. In addition, we can also learn experiences from foreigncountries in legislation, and speed up the legalization process in our country. At thesame time, we should view foreign legislation and take the dialectical thinking, takethe essence and discard the dregs. Only according to the reality of the situation andlegislation system of our country, can we use it to guide the practice finally. Thereare three parts in this article,(beside foreword and concluding remark)it includesabout250,000words.The first part is about the succession law of our country to the creditor interestsprotection provisions and judicial practice. Firstly, introduce the provisions on theprotection of the creditors’ interests in the succession law of our country and presentsituation of research on the protection of the creditors’ interests. Secondly, this paper selected topic background through the case, and summarize the form of the damageto the interests of creditors which exists in the judicial practice.The second part is about existing questions of our succession laws on protectingthe interests of the creditors and its causes. This part firstly, analyzes currentinheritance law in China on the protection of heritage creditors, raises the existingproblems in the legislation in our country, secondly, the main reasons of the lack ofcurrent inheritance law. In China, inheritance law is a kind of unconditional limitedinheritance system, due to legislative earlier, it didn’t set up to match the propertyseparation system, so the behavior of damaging the creditor’s interests has appearedin the judicial practice.The third part is about the legislative conception of the inheritance law toprotect the creditors’ interests in our country. We should draw lessons from thebeneficial experiences of foreign country, in view of the insufficiency in legislationand judicature in our country, from entity and procedure complete the legislative ofour inheritance law.