Research On The System Of Heritage Bankruptcy

China’s Inheritance Law promulgates in 1985,and the law is in favor of protecting the interests because of Chinese national conditions,which is consistent with the purpose on construction of our country’s endowment nursery type society.But there are too few regulations about heritage protection of creditors interests,and especially the law only sets limited inheritance principle,which is lack of effective legal settlement on conflict case between the inheritance and heritage creditors interests in the judicial practice.On the other hand,the applicable scope of Enterprise Bankruptcy Law is too narrow,and only for the enterprise legal person.It can not meet the requirements of social development and the development trend of the world bankruptcy law.The construction of the heritage bankruptcy system will supplement the deficiency of the bankruptcy law,and provide the legal basis for the settlement of the bankruptcy related issues.In this thesis,through the introduction of heritage bankruptcy system,more people can know and understand the system.Based on the analysis of the needs of social development and the needs of Related rights,this thesis expounds the necessity of establishing the system of heritage bankruptcy in China,and provides a realistic basis for the establishment of the system.Through the detailed description of the basic system and specific problems of the establishment of the heritage bankruptcy system,the establishment of the system is more practical.In this thesis,through the analysis of the establishment of heritage bankruptcy system in other countries and regions,and combining with the specific situation in China,some reasonable suggestions are made.For example,(1)The nature of the heritage bankruptcy system,there are different views,some scholars believe that it has both the double nature of bankruptcy law and the law of succession,but in this thesis it belongs to the bankruptcy system,which belongs to the bankruptcy law in nature,not only embodies the heritage of old-age pension social work development can,and protection of heritage creditors get equal rights liquidation.(2)For the main body of heritage bankruptcy,there are the decedent subject,the heir subject,the author agrees with the heritage itself as the point of view of the subject of bankruptcy,through legislation to make heritage has bankruptcy capacity,to obtain the qualifications for bankruptcy,so that the system of heritage bankruptcy can go into effect.(3)For the reason of heritage bankruptcy,the bankruptcy law of Japan,the UK and Taiwan area make insolvent be the reasons of heritage bankruptcy,but I agree with the "German bankruptcy law" makes both insolvent and inability to pay be the reasons of heritage bankruptcy.Insolvent as a cause of heritage bankruptcy,the debtor’s assets need to be compared with the debt situation.The inability to pay as the cause of heritage bankruptcy,no need to compare the assets and debts,as long as the heritage constitutes inability to pay’s conditions,the relevant rights holders can apply for heritage bankruptcy.The establishment on the system of heritage bankruptcy can achieve three results: it can provide a clear legal provisions for discharging legacy debt,which can realize the balance of interests conflict between the inheritance and heritage creditors.Meanwhile it will solve the problem of our country’s legal system that is not perfect enough,which is an inevitable requirement to improve the legal system and build a socialist country ruled by law,and it can also make the legal system of our country further adaptable with international situation,and promote the modernization and globalization of our country’s legal system.