Comparative Research On The Executor System Between China And South Korea

The executor system is one of the important systems in the succession of wills.It is not only an important way to realize the content of wills,to protect the rights of heirs,bequestees and heritage creditors,but also an important link to maintain social stability and family harmony.The Inheritance Law of the People's Republic of China was promulgated in 1985 and has been in operation for more than 30 years.No amendments or changes have been made during this period.The system of executors is only recognized in principle.Because the provisions of the Inheritance Law on the executor system are too simple and rough,leading to the improper execution of the will and the damaged interests of interested party in the wills.Since the enactment of the Korean Civil Law in 1960,the executor system has been continuously summarized and improved.Nowadays,this system has already been written into the Korean legal framework and has played a positive role in resolving family disputes.This paper mainly adopts a comparative research method,comparing the executor system between China and South Korea,drawing lessons from Korea's advanced experience in the legislation of their system,and combining the actual situation in China to boldly propose the construction of China's executor system.In addition to the introduction and conclusion,the main body of this article is divided into four parts:The first part of the paper is an overview of the executor system.The function of the executor system is described on the basis of defining the meaning of the executor.The executor system is compared with the inheritance administrator system and the will trust system,which lays a theoretical foundation for the writing of the thesis.The second part and the third part are based on historical evolution,generation mode,eligibility,legal status,rights and obligations,and termination of duties,and comprehensively expound the specific content of the executor system of the two countries.It is pointed out that China's formulation of the system is slightly later than that of South Korea,and its content is relatively simple and abstract.So far,no corresponding amendments have been made,which makes it difficult to solve all of the cases of wills and inheritance disputes in today's society.In South Korea,after the establishment of the system,the revision made by the Legislative Department has shown both the systemic and completeness of the system content,and the flexibility and specificity of the system design.The diversity of generation mode,the strictness of the order of generation,the clarity of legal status,and the specificity of rights and obligations are all worthy of learning for China.The fourth part is to compare the generation mode,legal status,rights and obligations,and termination of duties of the executor system between China and South Korea in detail,to draw on the legislative model and advanced experience of the South Korean executor system,and to raise proposals on various methods of how the executor is generated,the clarity of legal status of the executor,the specific conditions for establishing qualifications,and the refinement of rights and obligations.Perfecting the system of executors in China not only respects the will of the testator,but also protects the interests of the relevant interested parties,and plays an irreplaceable role in resolving family conflicts and stabilizing social order.