| In the period of time from the opening of succession to the completion of heritage distribution, the proprietary right of heritage is under unstable conditions. And heritage is likely to be scattered for the possession by different people. During the period,it is too easy for the heritage to be transferred, privately distributed, damaged, stolen or even loss because heritage preservation and management is fail to unified, which will damage the interests of the heir, legatee and creditors.Based on the the case of heritage of Mr. Chen Yifei’s legacy, the disadvantages and shortcomings of the existing legislative system on legacy heritage are illustrated. Based on this, a solution is proposed which is depended on the establishment of the legacy supervisor system. To form the system, the first task is to clear the selection method, rights and obligations, remove and resignation, compensation and liability of the administrator of heritage. This paper around the construction of the legacy supervisor system is divided into five parts.The first part is "the case introduction". The focus of controversy is pointed out by backtracking the legacy of Chen Yifei, which is the heritage anagement before the completion of the division of property. According to the author, the disputes of this case lie on two aspects. On the one hand, his intention on the division of the heritage is not clear because he did not leave a valid will before his death. On the other hand, there are legitimate heirs, but the considerable disagreements among them. To find the very essence of the disputes, we have to retrieved back to the existing inheritance legislation system in China.The second part is the analysis of the existing inheritance legislation system in China. The legislation system contains the legacy custodian system and the legacy executor system, which have both positive and negative significance. And the limit of the legacy custodian system and the legacy executor system has been completely reflected in the very case of Mr. Chen Yifei’s legacy heritage. The function of the legacy custodian system is over negative because it only specifies the custody obligation for the legacy owner. And the legacy custodian has neither right nor obligation to actively involve into the legacy heritage procedure to promote the progress of the procedure. Meanwhile, the legacy executor system has to be based on the will of the the decedent before his death. As indicated in the case of Mr. Chen Yifei’s legacy heritage, a new legacy supervisor system should be established to compensate the shortcomings in two existing systems and maintain the interests of heritage stakeholders.The third part is “the necessary of establishing the legacy supervisor system ”. Starting with the connotation of the legacy supervisor, its meaning is clarified. And the similarities and differences among the legacy supervisor, the legacy custodian and the legacy executor are summarized by analyzing the relation among the three. It is concluded that although their responsibilities are overlapped, the legacy supervisor prevails under the comparison among the three. Therefore, establishing the legacy supervisor system is the demand for ensuring fair allocation and the security of heritage, which can safeguard the interests of the state.The third part is in dealing with the details on the establishment of the legacy supervisor system. As a matter of fact, the detailed on the establishment of the legacy supervisor system is related widely with many of the aspects. Limited by space restriction, based on the advanced legislation experience of other countries and regions and the actual situation in our country, it is illustrates about the generation, the rights and obligations, the dismissal and resignation, as well as the compensation and liability of the legacy supervisor. First of all,based on the consideration of legal status of the legacy supervisor as the public supervisor, the qualifications and appointment of the legacy supervisor is clear. Afterwards,the main rights and obligations of the legacy supervisor are explained. Naturally, if the legacy supervisor is unwilling or unsuitable for the post, he or she can request to resign or be removed from the post. Finally,according to the principle of law, the legacy supervisor has the right to obtain some recompense unless the heir or the executor for the legacy supervisor. At the same time, the legacy supervisor should assume the responsibility of compensation if leading to loss of heritage.As a conclusion to this paper, the fifth part is a response to the given case problems. And the corresponding solutions would be put forward to the problems in dealing with the establishment of the legacy supervisor system aroused in the beginning part of this paper. Based on this, a comparison would be presented between the existing inheritance legislation system and the proposed legacy supervisor system. And the disadvantages of the existing legislative system in China would be illustrated, as well as the feasible direction of reform and the reform scheme. |
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