On The Executor System

In the process of intestate succession, the executor is a very important role, executor system also appears to be particularly important, so that countries in this regard executor system gives the corresponding regulations. Our country has been enacted in the law of succession is also provided on the executor system, but it provides the content on testamentary executor few aspects involved, but also extremely simple provisions, it is clear that in this fast-growing community now can not meet the needs of judicial practice. Therefore, this process in order to adapt to modern trends and judicial practice in social development needs of the system starting to try at home and abroad from the comparative study and theoretical analysis of system requirements, combined with the current stage of China’s basic national conditions, through this piece of article put forward their views.This paper is divided into four specific content parts:The first part:the nature of the executor. By comparing this part of several scholars about the meaning of the executors analysis, the meaning of the executor. Explains the relationship executors, administrators as well as between the three custodians. The executor of the legal status of domestic and international regulations on the system from starting, demonstrated several theories of the legal status of the merits of the executor, and put forward their point of view; Finally, and from the role of the narrative. Part Ⅱ:the status quo of China’s executor system and the existing problems. This part of the system of legislation regarding executors were discussed as well as against some of the legislative status quo Comment. And the importance of the sound system to be described a lot. Part Ⅲ:study extraterritorial executor system of comparative law. This part of several countries and China executor system focuses on two areas made a detailed presentation and analysis of contrast. Part Ⅳ:Perfecting the executor regime. This section presents three aspects to improve our main executor regime.