Research On The System Of Disposal Of Legacy Debts In China

The Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China proposed to insist on governing the country according to law and building a country under the rule of law.The Fourth Plenum of the 18 th CPC Central Committee decided to put forward a request to compile the civil code.In 2017,while China's “General Principles of Civil Law” has been implemented,the compilation of the inherited code of the Civil Code is also under way.As people's economic exchanges become more and more close together,there are more and more types of heritage and heritage debt.When the estate is not sufficient to pay off all debts,a clear and reasonable order of settlement of heritage debt is particularly important.However,our country's current laws have no systematic rules on the order of the settlement of estate debts.This paper starts from the basic theory of the sequence of the settlement of the estate debt,and examines the inadequacies of the legislation on the sequence of settlement of the heritage debt in China's "Inheritance Law." Based on the lessons learned from foreign legislation and the results of previous studies,the article presents the order of settlement of the estate debt.Specific legislation design.In addition to the introduction,this article intends to discuss the following four parts,a total of about 30,000 words:The first part asks questions.This section mainly examines the controversial viewpoints of domestic scholars on the connotation of the inheritance debt,the scope of the debts of the inheritance,and the sequence of settlement of the debts of the estate.The second part examines the foreign legislation on the sequence of the repayment of legacy debts.This section examines the scope of the heritage debt and the order of settlement.It examines the legislation of the civil law system in France,Germany,Switzerland and Japan and the three countries in the Anglo-American law system of the United Kingdom,the United States,and Both aspects of legislation and content of the legislation provide an analysis of foreign legislation.The third part summarizes the status quo of legislation in our country and its inadequacies.To sort out the status quo of our legislation on the sequence of settlement of estate debts and to summarize the shortcomings of our country's legislation: some of thelegacy debts are not provided,the order of repayment of debts is not clear,and the interests of creditors can not be guaranteed.The fourth part,put forward legislative proposals.On the basis of sorting out the legislative proposals of Chinese scholars,this section puts forward the principles that should be adhered to in establishing the order system of our country's inheritance debt solvency,and puts forward relevant legislative proposals on the legislative style and legislative contents of our country's legacy debt solvency order system.