The Study On The Heritage Management System

Along with the development of our country’s economic and society, nationalincome has been increasing year by year.It also brings a lot of new kinds of wealth out.While living a more convenient life, we have to pay attention to an important problem:Law of Succession has barely changed since it was published and carried out in1985.Nowadays, there are new kinds of wealth, such as virtual property,and much moreinheritance disputes. The old regulations in Inheritance Law can hardly help to dealwith these new disputes, so we suggest Law of Succession to be revised.Inheritance disputes come up mainly because of the legacy is usually in aunstable condition in confronting with risk of value detraction.In the early days theReform and Open policy was implemented, there were less kinds of wealth, and therewere much less inheritance disputes. But as the development both of economy andpopulation mobility, the properties are usually far away from the owner, which makesit more difficult for the owner to take care of the properties. When the legacy wasconcealed, occupied and disposed, it will be very difficult to find out. Although Lawof Succession entitled depository of the heritage and executor of the testament theright to manage the legacy, it is not meticulous to solve disputes effectively.To cut down the meaningless legacy disputes and maintain the stability of thesociety, it is necessary to build up a new legal system for management of legacy andprotection for interested person. The heritage management systems in other developedcountries are much more mature and the regulations are more detailed, both of which are beneficial to solve the legacy disputes. It is really regretful that China has notintroduce this rule to our legal system. Also it is urgent to amend the Inheritance Law.The first part of this paper explains the concept and classification of the managerof the legacy drawn by a famous legacy dispute first, then it analyses the value of theheritage management system. The second part of the paper mainly analyses theproperties of the heritage manager. There are mainly two theories: the first one is theManager Theory, the second one is the Personalty Representative Theory. Byinvesting the two theories above, we can understand the legal status of the heritagemanager better and make preparation for the establishment of the heritagemanagement system. The third part mainly find out what rights and obligations weshould provide when build the heritage management system by studying both theopinions of scholars at home and abroad. The forth part, also the last part, first findsout the shortage of the current provisions of heritage, tries to specifies thequalifications to be a heritage manager and discusses the selection and dismission ofthe heritage manager at last.