On The Perfection Of Our Country’s Executor System

The system of executor is an important system measure to perfect the legal system of succession.However,the inheritance law of China was enacted in the early stage of reform and opening up,which can not fully meet the needs of social and economic development for the adjustment of inheritance legal relations.However,the executor system in China is mainly regulated by the relevant legal provisions of the inheritance law,which only stipulates the generation and notice of the executor.Compared with countries with more perfect legislation of the executor system,it is inevitably simple.The executor system plays a very important role in safeguarding citizens’ property rights,safeguarding transaction security,reducing inheritance disputes,maintaining social harmony,increasing inheritance tax and creating social benefits.In order to make our country "inheritance law" the relevant system more perfect,play to the role of the executor and value,the author wants to the basic theories of the executor system,combining with the condition of our country at the same time,advanced to other countries or regions executor system legislation experience to draw lessons from,aiming at the improvement of the system of the executor to provide legislative Suggestions,thus promoting our country "inheritance law" to modify and perfect.Make efforts for the perfection of our civil law system and the compilation of civil code.In addition to the introduction and conclusion,the main body of this paper has the following four parts:The first part,from the aspect of jurisprudence of the executor system,this paper first introduces the executor of system and development history of the formation of the executor of the word first appeared in the Roman law,the prototype of the system is a "intermediary agent system" of medieval Europe,with the establishment and the development of the capitalist system gradually formed in the modern sense of the executor system.In this part,the author also discusses the concept of executor,comparative analysis of similar legal systems such as executor system and custodian system,legal status of executor and executor system.Finally,it discusses the role and value of executor in protecting citizens’ property rights,safeguarding transaction safety,reducing disputes,and maintaining social harmony.The second part,the author expounds and analyzes the mainland legal system country or region and common law countries or regions will perform the preceding procedure,the executor of the qualifications and production,such as the rights and obligations of the executor executor system the concrete system of measures,and legislation of these countries and regions of the executor system is analyzed.The third part elaborates and analyzes the legislative status quo of the executor system in our country and the defects such as the over-simple stipulation of the generation mode of the executor,the non-stipulation of the pre-execution procedure of the will and the specific institutional measures related to the executor system.The necessity of perfecting the system of executor of will in China is expounded from the international background and the current legislation background.The fourth part,following the executor system under the premise of basic theory principle,and the legislation situation and defects in the system of our country’s executor,draw lessons from other countries and regions of advanced legislative experience of executor system,starting from the basic national conditions in our country,from the determination of the executor,inauguration and refuse,will prompt and open,responsibility and supervision,the rights and obligations of the executor end executor of identity for the improvement of the system of executor of legislative proposals are put forward.