On The Legislative Construction Of The System Of The Administration Of Estates In China

A consensus has been reached on the necessity of establishing a system of estate administrators in China,and the "succession Series" of the Civil Code,which was submitted to the Fifth meeting of the standing Committee of the National people's Congress on 27 August 2018,has also been added to the system of estate administrators.But at present,there are only five provisions for it,the content is relatively rough,need to be further refined and improved.In view of the shortcomings of the draft,this paper first analyzes the five specific provisions of the inheritance Code of the Civil Code(draft)concerning the system of estate administrators,as well as its practical significance and shortcomings.Then this article focuses on several countries and regions outside the territory of the estate managers The legislative provisions of the system include Germany of continental law system,Japan and Taiwan of China,Britain of Anglo-American law system,United States of America,and draw lessons from the draft,so as to draw on the advantages and disadvantages of the draft,and obtain the more mature and useful experience and enlightenment outside the region.Finally,on the basis of drawing lessons from the extraterritorial system,according to the national conditions of inheritance and the needs of social practice in China,this paper clarifies the legal status and qualifications of the estate administrator,and improves the main scope of the estate administrator.Perfect the scope of duty of the estate administrator,construct the supervision and restriction mechanism of the estate administrator's right,and add five other relevant provisions to put forward the perfection of the current "succession series" of the Civil Code(draft)."with a view to making suggestions on how to improve the system of estate administrators in our country,and to make the system of administration of estates a more accessible and effective regulation," he said,"in order to put forward some suggestions on the feasibility of the localization of the system of administration of estates in China." In the future practice has been effectively implemented.