Study On The Protection Of The Estate Creditors’ Interests

Heritage creditors is always one of the protection focus in terms of the inheritance law,As the specific requirement of civil equality, fairness, honesty and credit principle, it isdirectly related to the property rights of citizens, and it is an important link in perfectingthe socialist law. The interests of all parties are taken into account by making theprocedural and substantive rules when exercising the law of succession, which achievesthe balanced protection of legal subject. When it comes to the current law on therelevant provisions of the succession, Inheritance of the People’s Republic of China,which was issued in1985and has not done any revision in the past30years, is still inuse. Although the law has a positive effect on the social condition at that time, greatchanges have taken place in Chinese society with the tide of reform and opening, allkinds of new things and new ideas constantly emerging. Therefore, the inheritance lawwhich is applicable to the planned economy system reveals even more malpractice.Thecore of the protection of heritage creditors is unconditionally limited inheritance anddirect inheritance. Obviously,the interests of the heir tend to maximize regardless ofunconditionally limited inheritance and no direct inheritance of third people, whichresult in the imbalanced protection of successors and the creditors. Hence, heritagecreditors’ interests were ignored to a certain extent. On the other hand, law is thecriterion of judicial practice, the lag and irrationality of current law damage the interestsof creditors. Under this background, academia insist on the revision of inheritance law.Many scholars, such as Zhang Yumin, Yang Lixin, Chen Wei also put forward theirviews and suggestions in view of the current shortage of inheritance law. Increasing theprotection of heritage creditors becomes a priority. Hence, the protection of creditors’interests has attracted wide attention of the society.This thesis tries to follow the general program of logical thinking, starting from theconcrete manifestation of the heritage creditors’ interests. The paper is divided into threeparts. The first part defines the scope of the legacy of debt by defining the heritagecreditors, and points out the legal basis for the protection of the heritage creditors’interests, explaining the reason for protecting the interests of the heritage creditors. Thesecond part introduces the expression of the invasion of heritage creditors which iscommon in daily life, pointing out the deficiency of legal rules in terms of thelegislative situation in our country. Based on the second part, extraterritorial laws and the conditions of our country, the third part puts forward to establish the principle oflimited succession, establishing heritage inventory and heritage management systembased on defining the scope of heritage, reconstructing the protection of the creditors’interests supplemented by various means of relief, which can be helpful to thelegitimate rights and interests of creditors, reverse the current imbalanced situation ofprotection to the interests of legal subjects to a certain extent. Of course, due to thelimited capacity, I sincerely hope to perfect law of succession to the best of my ability.