Research On Procuratorial Supervision Of Civil Execution

"Law is order,and good law is good order".As an important part of civil law,inheritance law is directly related to the protection of civil rights and the realization of the order value of law.The inheritance law of our country has made comparatively detailed and careful regulation on the inheritance,and the stipulation on the debt repayment of the successor is more principle and general,but the maneuverability is not strong.But with the rapid development of economy in China,citizens have the development of their own property,different types of economic exchanges,also continue to deepen,resulting debt disputes are also increasing and complex,but the debt relationship will not be the heir to death and perish.In the filing system in the background,when a large number of decedent debt disputes into court case,in the face of lack of legislation is not perfect and the system,the judicial organ has been unable to follow,no legal basis in the judicial practice to test each judicial referee's wisdom.In summary,our country has been inherited and perfect the legislation design of debt settlement system is imminent.This article will make a detailed discussion from the four chapters on the succession of the debt settlement,in order to improve the debt settlement system of our country's successor to make reasonable suggestions.This paper begins with two specific cases,leads to the confusion of the judicial practice in the judicial practice and the research of the theory of the system.The first chapter of this article defines the concept of the inherited debt in order to understand the basic meaning and characteristics,and then further clarify the scope of the successor's debt,so that the follow-up of the system's research content is more clear.Then,it deeply discusses the theoretical problems of the liability and the order of succession,which is the theoretical basis of the system design.In the second chapter from the decedent debt legislative overview,the scope of debt,liability,liquidation order four the other side face of common law countries and civil law countries the typical national investigation and comparison,find the common points from or similarities and legislative experience,is to define the set conditions to give up inheritance.Carry restrictions and have a clear sequence of paying off.In the third chapter to the overall interpretation of the legislative status quo of China's current debt inherited human inheritance system,single,the law is too principle,caused by the lack of legislation with the legislative background,ideas and specific reasons,identify the lack of institution directly lead to the judicial practice of the cognizance of the decedent debt difficult,liability the unified liquidation order is difficult,difficult to compare the specific problems,and profound analysis of the above problems,hope to put forward specific proposals for the perfection of our country can learn from the inherited debt settlement system.In the fourth chapter to perfect the related system construction and solve practical problems as a starting point,to explore the heritage management system,people accept and give up the inheritance system,heritage claims public summons system,and gives the legacy of debt settlement system estatecreditors details of system and means of relief system of heritage bankruptcy six system as the starting point,and strive to the establishment of complete inherited debts provide specific solutions can be used to solve the mechanism for our country.