The Study On The Heritage Management System

With the development of China's economy and the progress of the times,the state of heritage gradually presents characteristics such as complexity and diversity.Analysis by big data retrieval,it can be seen that the number of inheritance disputes has increased year by year,and the amount involved is alarming and takes a long time.However,the reason for the fact that the inheritance disputes are time-consuming and labor-intensive and occupying judicial resources is that the provisions of the current Inheritance Law on the treatment of the estate are too simple,only the content of the execution of the will and the preservation of the inheritance,these two simple heritage treatments.The method has not solved the problem encountered in the actual operation.If the execution of the will is based on the existence of a will,and the habit of making a will in our country is not commonplace;the custody of the inheritance is simply a preservation,and it is even easier to encroach on the inheritance.When the existing legal system began to have limitations,in order to make up for this deficiency,reduce disputes in heritage cases,the establishment of the system of administrators of the heritage became a necessity for development.In the United Kingdom,the United States,Germany,Japan and other countries,the system has a long history and is very mature,but it is a blank in China's legal provisions.Therefore,at the time of the compilation and revision of the Civil Code,we draw on the institutional design system inside and outside the domain,combined with China'slegal system,to design a system of administrators in line with China's national conditions.At the beginning of this paper,through the comparison between Hou Yaowen and Gong Ruxin,there are differences between the administrator system and the legal path relief method without the administrator system,which leads to the discussion of the article.Then elaborated that the construction of a new system not only needs to meet the legal requirements,but also adapts to the socio-economic and cultural development.On the one hand,this paper demonstrates the limitations of the inheritance system under the existing inheritance system to demonstrate the institutional soil already established in China.On the one hand,it is argued from the social point of view and value perspective that it is in line with China's social politics,economy and culture.On the other hand,from the perspective of legal transplantation,the construction of the system has already supported the external system.In determining the legal status of the administrator,this article does not adopt a certain status,but combines the advantages and disadvantages of various theories,and proposes that the administrators are in different legal status under different conditions.Despite the different doctrines adopted,their statutory duties are not obscured.Therefore,in the construction of China's heritage administrator system,the system design of various countries and regions within and outside the domain is used to analyze the three production methods,main rights and obligations and legal responsibilities of the Chinese heritage administrators.In addition,how to add a new system to the existing system is also the focus of this paper.