Research On The Testament Executor System In China

As China's comprehensive national strength continues to growing,the people's material and cultural living standards is also gradually improving.The property owned by people has increased,and the awareness of the rights of property has increased.In particular,how to deal with the property behind the body after the death is also a common concern of the people.However,the content of the testament executor system in China's current inheritance law and related civil legislation is almost blank.Therefore,after the death of the heir,the inheritance is not kept by a special person,and the wills is also not executed by a special person,which will lead to many disputes.Such as the inheritor's private inheritance,transfer of inheritance or family estate lawsuits.Therefore,the establishment of the system of testament executors is not only to protect the normal order of family ethics,but also to the construction of a harmonious society order.Because the family is the smallest cell of society,and the family relationship is harmonious,there will be long-term stability of society.Based on the current situation of the executor system in China,this paper is divided into four chapters to study and analyze the system of testament executors in China.The main ones are:The first chapter is the introduction.It mainly explains the background and significance of the topic seleetion of the thesis,and introduces the research dynamics of the testament executor system at home and abroad.Among them,in the part of the problem,the case analysis method is mainly used,that is,through the introduction of Hon Yaowen's will case and the Ji Xianlin's estate case,and then the analysis of the executor's system still applies the 1985 version of the "Inheritance Law",and it's buried in the ground for inadequacies.Regarding the system of testament executors,the current "Inheritance Law" of China is only covered in Article 16.It is precisely because of the blank of the legislation that the case of Hou Yaowen's will and the Ji Xianlin's heritage have been delayed and triggered a wide range of society.because such disputes not only have certain universality,but also have multiple characteristics.Such disputes can occur in public figures,and so will happen to ordinary people.Therefore,only by speeding up the revision process of the inheritance law and improving the relevant provisions of the executor system in China can we effectively reduce or contain such disputes.The second chapter is an overview of the system of executors.First,by analyzing the dilferent perspectives of academic scholars on the definition of the testament executor's concept.The author believes that the testament executors is mainly refers to appointed before the life of the will,or the designation by the law when it is not specified.After obtaining the executive power,the value of the will i5 judged according to the will of the testament executor.Natural,legal or unincorporatedorganizations that distribute and manage the estate.Secondly,a detailed analysis oft ie legal status of the executor is carried out.The author agrees with the task of the inherent power theory that since the doctrine truly gives the executor a more independent status,it is more in line with the original intention of the executor of the will.Secondly,the specific content of the executor system is introduced,so that readers can understand the idea of how to perfect China,s executor system.The comparative analysis method is used to compare and analyze the executor system of other countries and regions.Finally,the system of the executor system is compared with the similar legal system.Through the comparative analysis of their similarities and differences,the value of the executor system is explored.The third chapter analyzes the status quo and defects of the testament executor system in China.By comparing the specific provisions of the Civil Code of France,Gernany,and other countries and the Macao and other regions of China with the provisions of the system,and the provisions of Article 16 of China's "Inheritance Law,on the executors of wills.Find out the shortcomings in the system of executors in China,and point out that there are still major obstacles to perfecting the system of testament executors in China.The fourth chapter puts forward a personal point of view on the improvement of the system of testament executors in China.Clearly improving the system i5 a realistic need to build a socialist country ruled by law with Chinese characteristics.Advocating the perfection of the system of testament executors of the will should take the institutionalized development path.The innovation lies in the fact that the notary office and the law firm,as well as the newly created specialized agencies as testament executors,have their own advantages.Through the analysis and introduction of the above four chapters,this paper proposes the improvement of China's testament executor system and proposes the national conditions in line with China's current situation.I hope to contribute to the institutionalization of the testament executors system in China.