Study On Executor System Of China

The executor system is the key legal system for realizing the content of the will and protecting the interests of the heir.China’s current "Inheritance Law" on the executor system is too principled and simplistic,and does not match the current social and economic development,and has been unable to adapt to the people’s living needs.Therefore,it is extremely urgent to improve the system of executors in China.This article takes the basic theory of the executor system as the starting point,conducts a comparative study on the advanced legislation of other countries(regions),and at the same time combines China’s national conditions and puts forward specific suggestions for perfecting the system of executors in China.The main part except the introduction and conclusion consists of four parts:The first part is an overview of the executor system.The executor is the person who performs the content of the will and realizes the will of the testator.The executor can not only realize the will of the testator,improve the efficiency of the execution of the will,but also reduce family conflicts.The executor’s duties are broader than the estate administrator system.Compared with the will trust system,there are big differences in legal basis,property rights,and work content.The second part analyzes the current status and existing problems of the current executor system in China.China’s executor system has been characterized by blankness and principle in legislation.,and the lag is very obvious.There are mainly problems such as lack of regulations,single production methods,unclear legal status,lack of rights and obligations,and lack of legal liability.The third part is a legislative review of the executor system of other countries and regions.Whether it is Germany,France,Taiwan in the civil law system,or the United Kingdom,the United States,and Hong Kong in the Anglo-American legal system,a relatively complete system of executors has been established,and the methods of diversification and clear rights and obligations have been established.All aspects are worth learning from China.The fourth part is the perfect proposal for the system of executors in China.The executor’s qualifications shall be fully capable of civil conduct,and at the same time recognize the successor,legal person and other organizations as the executors of the will.The executor of the will shall be directly produced by the testator,the third party shall be appointed by the testament,and the relatives shall be negotiated.The village committee,the neighborhood committee or the people’s court shall specify four ways of production.The task of adopting the inherent power in the legal status is more reasonable.In terms of rights and obligations,the executor has four obligations:verification notice,clean-up registration,clearing of creditor’s rights and debts,and management of the protection of the estate,as well as refusal to resign,request remuneration,and exclude three rights.The executor has caused losses and should bear legal responsibility.