The Research On Intestates’ Estates

Natural death in most of the time can lead to succession, but in reality sometimes the successor does not exist or choose to give up their rights. For this case, the "’People’s Republic of China Inheritance Law" provisions of Article 32 of this heritage owned by the state or a collective organization. However, the statute only as a catch-all clause solution has no inheritance attribution "no legal basis" problem, in the actual operation of the provisions or in the lack of state. And this statute does not solve the problem when the interests of creditors of the estate no successor how to protect. In other countries (regions) there are similar problems, such as the administrator or elected experience Heritage Trust, etc., can provide useful experience and inspiration for our country.The main text is divided into four parts, the full text of about 30,000 words.The first part is the basic theory of the case. First is introduced in this part of the case by no inheritance issue. Secondly no inheritance and other similar concepts were compared, no analysis of the nature of the concept of inheritance, as hereinafter defined the scope to explore. The final choice to protect the interests of creditors and heritage of the home as the focus of this paper are discussed below.The second part is the status quo and shortage in China. This section introduces the current mainland China "Inheritance Law" judicial interpretation of the relevant provisions of no inheritance, no inheritance analysis of the system and to explore the reality of the plight of the reasons.The third part is similar extraterritorial Analysis System. First, select this part of Germany, France and Russia, as representatives of the civil law effects of its unmanned inheritance system, after selecting the UK as well as China’s Hong Kong as the representative of the common law examined its unmanned inheritance system. And based on the results obtained before the study, from a variety of point of view, reviewing the various jurisdictions in the absence of the relevant provisions of the institutional inheritance, and to find the bright spot found in order to learn our country.The fourth part is no successor in mainland China with recommendations to improve the system of inheritance. This section first established the basic principles of adjustment of the system, obtained the right to inherit the principle of protection of private property, protect the interests of creditors should follow. Finally, according to China’s actual situation of China’s mainland unmanned inheritance system made several specific recommendations.