On The Perfection Of The System Of The Executor Of The Will In China

The executor system is a long-standing civil legal system, originated in Rome, today, in most countries have detailed and complete regulations. But in our current legislation, the main executor in the People’s Republic of China (hereinafter referred to as the "law of inheritance inheritance several provisions of law) the second chapter and the fourth chapter makes provision of brief. With the reform and opening up and the national economy level and the increase of national income, social values and family structure changes, inheritance way is accepted by more and more people and choice. While inheriting legal relationship in our country is becoming more and more complex. The executor’s demand is bigger. But the existing executor system is difficult to determine the implementation, implementation of the rights and obligations of people unknown defects such as simple rules is also a lack of operability in the judicial practice, Cannot resolve the contemporary complicated testamentary succession dispute legal relationship. In response to a series of new situation, China urgent need of current testamentary executor system perfect. The perform the problems and defects existing in the system for our country will, in the base on the basis of the fact of our country, analysis and puts forward suggestions for improvement, which will perform system in our country really give play to utility.The main body of this paper consists of five chapters.The first chapter introduces the basic theory of the executor system, including the concept of the executor and the executor system, functions and so on.The second chapter discusses the historical development and current situation of the executor system, focuses on the analysis of China’s current executor system existing problems and defects. The first section of this chapter introduces the executor system of production and development. The second section introduces the present situation of China’s executor system, analyzing the current situation of legislation with the defect of the existing executor system from legislation and judicial practice, and the application in practice and problems. The third section proposes the necessity of perfecting the Chinese Executorship. And an effective solution to adjust the modern legal relationship must inherit inheritance disputes, maintain the integrity of the legislative system of testamentary succession, and the protection of individual citizens property to realize the rule of law society, the urgent need for improvement of the executor system in our country from the content, in particular, should be the executor of the legal status of the person, the executor can be And the scope of its rights and obligations and the main implementation of these aspects of the content of the program to improve.The third chapter is the analysis on the legal status of the executor executor. Clear the legal status of the person, is the first condition to clarify the legal relationship between the legal subject of testamentary succession, is also clear the executor of the legal subject and the scope of rights and obligations, and to improve the important foundation of our Executor ship related content system. Therefore and to improve our executor system, first of all to the legal status of the executor to define, otherwise the execution related transaction and all rights and obligations and wills were unable to determine, thereby affecting the effective implementation of the will, is not conducive to the realization of the testator’s will and will maintain the interest of the legal right. In this regard, ministers and scholars in their legislation adopted and put forward different views on the theory, through legal analysis of various theories, and according to the left Enjoin enforcement the essence of human being, our country will execution people’s legal status should be used the "natural rights" of the task, i.e., the execution will executor’s main task is to and based on the job responsibilities and obtain the legal status of independent legal, can be their own name implementation will execution behavior, and be responsible for their own behavior.The fourth chapter is about the executor is determined. This chapter is based on defining the legal status of the executor, the determination to improve China’s executor system execution of the wills. According to the current national legislation style and the practice of social justice, we must first determine the scope of the executor in determining the executor of wills, and the specific method of determining the executor is clear. First, in determining the scope of the executor, should pay attention to the legal person or other organization and the special status of subjects such as the heirs can serve as the executor of the qualification problem. Secondly, the specific methods for determining the executor, I although clearly the executor can be generated by a person who is appointed, but did not specify the specific method or a person who is appointed by the executor to determine the implementation of percapita did not make provisions, in practice Easily lead to disputes. The other will executor is assigned, according to the rule of autonomy of the will has the right to decide whether to accept the task, so its acceptance or rejection of the way how to identify also need a clear. By explicitly managing scope and method for determining, in testate succession can be to determine the specific execution so that execution of Testament.The fifth chapter is about the definition of the executor’s rights and obligations. The scope of the present legislation for this thesis is missing, this defect makes the executor in the actual execution of nowhere, its legal rights cannot be guaranteed. The rights and obligations of executors are clear, will be conducive to a will the executor follow certain guidelines in the implementation, to enhance the operability of the executor. The execution of will for the people is the responsibility and obligation, the legal status of the people in the performance of executive decision will perform this task, the obligation is greater than enjoy the rights, so it is necessary to clear and respectively. Emphasizes the obligation, in order to realize the contents of the will and maintain the legitimate interests of the parties. For the specific rights and obligations, the author thinks that the executor’s duty to package Including the cleaning registration obligations, proper management and protection of obligations, the division of heritage obligations, in the right to have the right to review the right to the right of the right to a limited disposal, exclusion and compensation for the right to claim.The sixth chapter is about the procedural issues Executorship considerations. The executors of the procedure is the way to go through the Executorship process. China’s current legislation did not make provisions, but in the process of the executor, is possible because some unknown way affect the effective implementation of the will, as in the beginning will execute before the procedure and execution on the submission and will open in the presence of a processing method of executor when, if not in the system of regulations, wills may affect the authenticity and validity of the test and maintenance, and the dispute is difficult to resolve in the implementation, is not conducive to the executor. So I think in the perfect the executor system in our country, the problem of the program executor clear.