Study On The Executor System

With the great development of social economy in our country，People’s living standardshave greatly improved，Further increases in material wealth inheritance makes inheritanceissues become more and more frequently，the attendant is also a significant increase of thecase of split heritage through the testamentary form.however, currently our country does notestablish executor system in the full sense, which made how to execute testament andimplement by whom become no bases in law, Also can not adapt to the needs of thedevelopment of reality, Therefore research on system of the executor is particularly necessary.In addition to the introduction，This paper consists of five parts, the full text of about31000words.The first part is an overview of the executor system,mainly expounds in three aspects:the historical evolution of the executor system, and the main content of the executor, the legalstatus of the executor. Executor system is originated from the trustee system in Germanic law,Its content mainly includes the qualification, appointment or remove, the rights andobligations, and responsibilities and supervision, As for the legal status of the executor, Theauthor thinks that compared to agent of the heir or legacy, the statement of decedent agent ismore accord with the essence of the executor.The second part is the function of the executor system, mainly discusses the managementand protection of heritage, maintain the interests of heir and the third person, and realize theestate tax levy to guarantee the social interests.The third part is the necessity of establishing the executor system in mainland China, Putforward that establish executor system in China’s mainland has the following four aspectsnecessities: First of all is the reality need of inherit of social people,Second is the need ofjudicial practice, Again is the need of improve the inheritance law, The last is the need ofbuilding a harmonious society in our country.The fourth part is the investigation and analysis about the executor system both at homeand abroad. This article mainly describe the legislative status of the executor system frommainland China to Hong Kong、Macao and Taiwan, and status quo of the executor system inabroad. the comparative analysis between them also described. In this section, by introduce the legislative situation of the executor system at home and abroad,the author concluded thatit has important significance to construct the executor system in China mainland.The fifth part mainly discusses the deficiency of the executor system in mainland Chinaand its suggestion in improving legislation, Missing probate system, poor in way to produceexecutor, and lack the specific system of the executor system are the main shortages inmainland China, In view of these weaknesses,The author thinks that we should improve thesystem of executor in mainland China from the following aspects, First is to establishprocedure to probate testament. Followed by formulate the qualification of the executor, andthe acceptance or refuse、change of the executor, at the same time, the rights and obligationsof the executor. Finally is the responsibility and supervision of the executor.