Research On The Problem Of The Executor System

Since the promulgation and implementation of the "Inheritance Law" in 1985,the social structure and social relations have undergone tremendous changes,but the inheritance law has not been fully modified as the society changes.The executor system in the inheritance law is only a general rule,and is not practical.The fully revised inheritance law which is in line with the actual needs of our country and the demands of the masses,can give important reference on the revision of the civil code in our country.In this paper,the writer will conduct the method of comparative analysis on the main continental law countries?regions? and common law countries?regions?,hoping to provide reasonable reference on the perfection of the executor system in China.In addition to the introduction and conclusion,this paper consists of four parts:The first part deals with the problems which appear in the earlier legislation of the executor system.Through the detailed analysis of the current legislation in China,both the shortcomings and the problems in the current legislation are found.Thus the study of the executor system proves valuable by solving the problems.The second part is the study on the legal status of the executor.The executor status is a proof of their identity.There is no definite conclusion about the executor status in the world.Through the comparative study of various doctrines,the author supports the right to say in the inherent right.The third part describes the study of the executor system in the two major legal systems.Mature legislative experience is learned from German,French,Macao,Taiwan,Britain,Hong Kong and other places through the analysis on the production,qualification and rights and obligations of the executor,which is described in their law provisions.The fourth part is the thought on perfection the executor system of our country.Through the comparative analysis on the mature legislation of each country?region?,combined with the practice of our country,the executor system is improved from the three aspects,which include the production,qualification and rights and obligations of the executor.