Studies On Legal Protection Of The Heritage Creditors’ Interests

Inheritance Law is a strong local history and culture of the law,the design of the inheritance system not only determines the constitution of legal system,but also reflects the values of a country (region).The Chinese current “Inheritance Law” promulgated since 1985, aspects legislation guiding ideology,the legal system and the specific design provisions have gradually showing insufficient, especially in the legal provisions to protect the interests of heritage creditors is less,In recent years the issue has caused widespread concern in the academic community.Compared with foreign mature legal system of Inheritance Law,our country has many shortages include the specific scope legacy debt, debts of the order, setting administrator and how to remedy the infringed creditors Therefore, the author draws on the advantages of foreign related legal provisions and the existing research results that inferred by our scholars,combined with the judicial practice of our country and put forward some legislative proposals. The article is divided into four parts:In the first part,first has been clear about the concept and specific scope of heritage creditors, introduced China’s “Inheritance Law” on the legal protection of the heritage creditors’ interests, then lists several specific forms in judicial practice of the against interests of heritage creditors;In the second part,combination with the current legislation,the author summarized the legal issues of current “Inheritance Law ” in the protection of heritage creditors;The third part, through the introduction and comparison the legal system of protection of heritage creditors’ interests in continental law system countries and the Taiwan region and Anglo American legal system countries, explains the enlightenment to our legislation;The fourth part drawing on the basis of extraterritorial laws, based on China’s basic national conditions, in view of the current problems exist in the legislation, put forward legislative proposals to improve our inheritance laws.