Research On The Legacy Debt Settlement System

In China, the succession law mainly protects the interests of heirs, and almost ignores the interests of the estate creditors, which relates to the specific social environment where the current succession law was made. As the society develops, the succession law has lagged behind seriously, which needs modifying to accommodate the society development.This paper is divided into five parts. The first part gives some thoughts about the estate settlement by analyzing some typical cases. The second part summarizes the typical problems between the heirs and creditors in the current legislation state in order to find the causes of these problems and the reasons why the estate creditors fails to realize their rights.In the third part, by comparing the similarities and differences between the legacy debt settlement system in the civil law countries, common law countries and Taiwan province, we can conclude their features.Part four show us the legislation environment in our country. Relating to other laws and considering our own condition, we study their advanced ideas on making laws in order to build the legacy debt settlement system in China.In the last part, this paper gives some advice on building the legacy debt settlement system and paying more attention to protecting the interests of the estate creditors in details, which is the innovation of this paper. Specifically speaking, Standing at the point of the spirits of making law, this paper advocates the law should balance the interests between the heirs and the estate creditors, which is a good explanation about the law sprit. In the substantive law, this paper completes the legacy debt settlement system, so that the interests of the estate creditors and the heirs can be protected equally. In the program, a complete legacy debt settlement system was put forward.Although the analysis and ideas above are not perfect enough, and need further improving, I still hope to make some contributions to the improvement of legacy debt settlement system...