Discussion On Perfection Of Limited Succession System In China

The law is a reflection of social reality, with the development of society, the law also goes from simple to perfection. In 1980s,the law came to provide that successors are responsible for the debts of the decedent, but just bound to the heritage values.this provision broke the traditional idea’ of "the father debt claims son", which reflects the legal progress.The limited succession system prescribed in the inheritance law in our country protects the interests of the successor,however,ignore the creditors’ interests.With personal more and more involved in economic activity, this contradiction is increasingly conspicuous, the protection of creditors’interests, not only involves the personal realization of the legitimate rights of creditors, but also concerns the safety of the whole community maintenance, therefore,the matter must be paid much attention to.Most jurisconsults think that the current limited succession system has the following two main problems:the first is that the obligations and responsibility of the heirs in debt settlement,lack of specific provisions,and the rights of heirs are unrestricted,which might infringe upon the interests of creditors; the second is that clearing systems is not yet introduced in legal procedures,and there are not enough methods and means for the heirs while performing the payment obligation.What’more, in terms of specific system design, whether limited succession or general succession should be the principle,and whether full liquidation should be adopted,is controversial in scholars.Combining the actual situation in China, the thesis points out that the limited succession shall be the principle,which should be adhered to, but ought to make clear, the heirs shall take the obligations and responsibilities while enjoying the benefits brought by the limited succession.Besides, estate liquidation system should be introduced in our law, and the heir paying off the debts shall be the main forms.