Research On The Legal System Of The Settlement Of The Legacy Debts Of Our Country

From the point of view of the foreign legislation, both the continental law system or Anglo American law system countries, on the legacy of debt settlement are used a lot of detailed and thorough provisions to be statements, which to cope with real life’s legacy of debt disputes to very important role. With the increasing of the number of property owned by Chinese residents, the added economic relations are becoming increasingly complex, debtor creditor relationship between correspondingly rapid increase, and debtor creditor relationship and not because of the death of the deceased to terminate, then China’s inheritance law should be to impose regulation on people after the death of the relationship between the creditor and the debtor. From the point of view of China’s "Inheritance Law" the relevant legal provisions, the focus of its attention lies in whether debt settlement, by who settlement and settlement in the scope of the problem, but in reality the legacy of debt has been presented for labor wages, tax, social insurance costs, guarantee the right of creditor’s rights, legacy support agreement debt, debt of legacy etc. in the form of diversification. Also the provisions of our current legacy of debt settlement of heritage segmentation of time sequence, liability form not covered, scope of the settlement provisions are not enough to cover the debt, lead to many difficulties in judicial practice of the trial,judgment and execution.This paper mainly through the four aspects to discuss the legal system of our legacy of debt settlement. First of all, this paper introduces the concept and property of the legacy debt, the principle of the settlement of the legacy debt and the three aspects of the settlement of the legacy debt. In the definition and analysis of the heritage debt is to make the concept of the connotation and extension of the concept becomes clear. Secondly, it illustrates the current situation of the inheritance of the legacy debt settlement system in our country, as well as the problems and causes of the settlement of the legacy debt in China. Again, the article uses the method of comparative study, through the analysis of the debt settlement of foreign countries, the comparison and analysis of the legislative experience for China’s national conditions.This part of the discussion with the purpose of the legislation of civil law countries to introduce in the countries of Anglo American law system, legislative procedures, andthen the comprehensive comparison and analysis of the mode expansion, for foreign inheritance law related issues in detail is helpful to inherit pave the way for improving our country. Finally, the reference to foreign legislation and find out the suitable for the situation of our country’s legacy of debt settlement system, and on the legacy of debt settlement system, some of the specific details, and strive to problems associated with the current legislation in China, suit the remedy to the case, to build a accord with the situation of our country’s legacy of debt settlement system prototype.To solve the plight of the legacy of debt settlement system of judicial, need to pass legislation to change the existing legacy of debt settlement system, to perfect the existing legacy of debt settlement system from three aspects: the legacy of debt settlement range, the order of paying off debts and liabilities and cases related to the trial, judgment and execution difficulties to find solutions. This paper argues that: first,the legacy of debt settlement range should include all the debt after the death of the decedent before and death occurred; secondly, the legacy of debt settlement order should be comprehensive consideration of the heritage of debt time, nature and purpose built eight ranks in the liquidation order. Finally, through the improvement of relevant laws and regulations is constructed to ensure the estate debt liability to pay compensation legal system.