Study On Heritage Management System

Estate management is a collection of preservation and management actions that are performed by the property management entity on the heritage after the inheritance begins to protect the heritage from damage.The legislation on inheritance management in the current inheritance law is decentralized and abstract,and it is very simple.This is inextricably linked to the concept of inheritance law that has always insisted on protecting the culture of the family and protecting the rights of the heirs,as well as the legislative techniques that have simplified and simplified the initial stages of legislation.However,in recent years,with the rapid development of the social economy,the accumulation of personal property of citizens has increased and the variety has also shown diversity,and the relationship between creditor's rights and debt has become increasingly complex.The social relations that exist around the heritage are also more and more complicated.Legacy disputes are no longer limited to the heirs.In practice,there are many heirs who use their convenient facilities near the water,in order to evade their debts,transfer their heritage and conceal the rights of other heritage rights holders.According to academic statistics,since 2010,the total number of cases of inherited disputes has been on the rise,and the conflict of interests among heritage rights holders has intensified.Ultimately,due to the fact that the heritage has not been distributed in an orderly manner,the heritage controller has always been in control.Right holders have no equal opportunity to exercise their rights.How to make the inheritance be effectively managed,so that the rights holders have the opportunity to participate in,and to avoid unnecessary heritage disputes is an urgent problem to be solved.This article is divided into four parts to study the heritage management system.The first part defines the connotation and application scope of the heritage management system,and lays a theoretical foundation for distinguishing heritage management,heritage preservation,and will execution.The management of heritage is common in inheritance-related cases,including the collection of a series of actions such as the preservation of the estate,the determination of the scope of the estate,the processing of the inheritance debt,the payment of the inheritance tax,and the division of the estate.The second part studies the status quo of our country's heritage management legislation and finds that the regulations on inheritance management in our country's inheritance law are neither systematic nor concretely implementable,and cannot fulfill the mission that the legacy management system should undertake.Under the influence of complex economic relations,the issues of the lagging legacy of the concept of heritage management in our country,the imperfection of the legislative system,and the weak operability of specific regulations concerning estate management are highlighted.In the aspect of avoiding inheritance disputes through the management of inheritance,extraterritorial legislation has already established a fairly complete institutional system.Therefore,the third part of this article examines the legislation of extraterritorial heritage management and mainly studies the relevant legal provisions of the heritage management of France,Japan,and Germany.Through analysis of the analysis of differences in countries' systems and the extraction of valuable experience for the construction of an appropriate heritage management system in China,this paper finally proposes legislative proposals for the construction of our heritage management system.First of all,the law is not a matter of scale,and building a heritage management system in our country still needs to examine whether there is a need to build such a system.From the theoretical perspective,the construction of the heritage management system makes up for the particularity of China's inheritance mechanism,and it establishes rules to limit the freedom of the inheritance of the heritage controller,and utilizes the neutrality of the established procedures to achieve a fair and equitable distribution of the inheritance;It is said that the establishment of a heritage management system can not only preserve the heritage,improve the efficiency of heritage management,but also balance the interests of the heritage rights holders,reduce the heritage disputes,and at the same time,even if the legacy disputes enter the litigation stage,it will facilitate the clear division of responsibilities and avoid " protracted war".Therefore,the establishment of a sound heritage management system is an important step that must be taken to establish a scientific system of inheritance laws.Finally,based on the reality of our country,combined with the examination and comparison of extraterritorial laws,and our country's scholars propose to put forward our country's specific legislative recommendations on the heritage system.