Research On Protecting The Interests Of Creditors Of The Inheritance

China’s "Law of Succession" heir to the legacy of debt settlement is implemented is a limited liability unconditional inheritance system, which is a successor to protect the interests of the main interests of the creditors, supplemented system. The weak legal awareness of citizens, pour in the relative protection has become a cause of serious infringement of the interests of creditors. When the heir to use their legacy favorable conditions infringe the interests of creditors, in today’s institutional conditions, heritage interests of the creditors do not receive effective protection. Therefore, to protect the interests of creditors to deal with legacy system, in particular the scope of the definition of legacy debt, estate management system, a comprehensive transformation.Study of legal theory should be based on practice, therefore, we should combine our own actual research in the theory of institutional transformation law, everything from China’s basic national conditions and realistic. By contrast legislative cases at home and abroad, for our inheritance laws which protect the interests of creditors inheritance system and legislation to improve the deficiencies described in detail issues. This article is divided into five parts to protect the interests of creditors heritage issues are described.The first part of the law of succession under our current system is both to protect the interests of creditors on inheritance typical case analysis leads to the protection of the interests of the creditors in the inheritance.The second part of the law of succession among the interests of the creditors of protection related issues were defined. First, explain the meaning of the law of succession among the interests of creditors; secondly, on the law of succession among the similarities and differences between the interests of creditors and the interests of other creditors were compared; and finally, describes the study of inheritance laws which protect the interests of creditors system has been the necessity and significance.The third section describes the current situation of China’s current inheritance laws to protect the interests of creditors. Heritage status quo to protect the interests of creditors and positive factors were the main problems in detail.The fourth reason for the performance and benefits of the law of succession among the aggrieved creditors were analyzed. The creditors are divided into two classes of creditors and the creditors of the decedent’s heirs, to discuss the performance of each subject’s performance against the interests of creditors and the inheritance of the heirs of the infringement on the interests of creditors in the inheritance of the decedent. Leads to the main problem of the existence of legislation which, from the current law of succession to the inheritance of a sense of environmental legislation in the formulation of social impact, "the Minor," the guiding ideology and pour protection legislation within a few relatives and serious analyzes the inheritance the main problem of law exists.The fifth part of the interests of foreign creditors heritage protection regime assessment, analysis of the legislative model civil law and common law in different countries, as well as our inspiration and choose which among them in the future legislation.The sixth part of our inheritance laws which protect the interests of creditors Legislation conception. The method proposed a series of measures to determine the scope of heritage, establish and perfect the system administrator heritage institutions and creditors means of self-help...