| Making a will is a manifestation of the autonomy of will of the testator, the role of the executor plays in a valid will is critical. His behavior is not only undertaking the testator’s wishes and implement the will but also protecting the interests of other interested parties. Two legal systems of the world’s major countries and regions have already made a more complete exploration for executor system and have corresponding legislation. However, unfortunately, compared with two major national and regional legislation, the provisions relating to the executor of the system in China’s "Law of Succession" is relatively simple and too principle; only the article 16 is involved and it’s extremely difficult to operate in judicial practice. But there is a reason about the simple of the executor system in China’s "Law of Succession", China’s "Inheritance Law" was enacted in the planned economy period, the legislation was affected by ideology of coarseness is preferable to particularity, the relatively low levels of national life, the lack of diversity of form of will and a small amount of people who make a will and not too much executor system application at that time, Because of influence of these factors, The existing wills provisions on executor system appear. With the development of the times, the income of our citizens continue to increase, the type and quantity of property has been greatly changed, people have greatly increased use of wills, drawbacks of the executors system in practice life is gradually revealed, apparently it has been unable to meet the demands of people’s contemporary life. The lack of the adjustment of executor system has caused the great attention from many experts and scholars. Appeal to reform the executor system has caused widespread concern in the whole country. This research proposes some suggestions about the reform of the executor system through some discussions about the history and relevant stipulation in two legal systems in major countries and regions. |
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