Inquiry Into The Protection Of The Interests Of Creditors In The Heritage Inheritance

As superstructure, inheritance law is not only related to the characteristics of the perfection of legal system, and affect our country economy development and social stability.Heir to an important concept in inheritance law is to balance the interests of creditors and heritage, it not only reflects a country’s inheritance law basic value orientation, and decides the basic system design of inheritance law.The current inheritance law in China is scheduled for 1985, according to the guiding ideology and the legislative background of the succession law established the principle of inheritance and entail directly, which emphasize to protect the interests of heirs, to promote family harmony, social stability at that time.But the lack of the protection of heritage creditors for inheritance law after a series of inheritance disputes planted hidden dangers.Along with the development of the society, people increasing economic exchanges, creditor-debtor relationship is complicated situation, in the practice of heritage creditor’s interests are infringed by the common case, deepen social conflicts and influence social order.Investigate its reason, the inheritance law loophole is the key, such as the value orientation of the succession law focuses on protecting the heir is unreasonable, heir rights are not clear, unclear scope of heritage,heritage creditor relief system lack and so on.Heritage creditors problems about the implementation effect of the inheritance law, has important implications for social and economic order and transaction stability, therefore, heritage creditor benefit protection problems have theory value and practice value.In this paper, aiming at these problems,in order to heritage creditor benefit protection as the main line, with reference to the related provisions of Anglo-American law system and continental law system countries, link the reality of our country, put forward some theoretical Suggestions,for the inheritance of the creditor’s interests protection to make a little contribution.