On My Country’s Legacy Administrator System

Inheritance management system is related to the inheritance of family wealth.In the Inheritance Law of the People’s Republic of China（hereinafter referred to as the Inheritance Law）,there is only one provision concerning the executor of the will,and the applicable conditions are strict.Besides,the public’s awareness of making a will before death is not strong,so the management and division of the estate during the implementation of the Inheritance Law mostly rely on the heirs to complete.With the social economic development and system improvement,the number and types of private property are increasing,business,lending and other behaviors become normal,resulting in the legal relationship in the process of inheritance is more complicated.In recent years,there have been frequent cases of inheritance disputes in China,and there are not a few families who have rebelled because of fighting for inheritance.The existing legal provisions are still used to deal with inheritance issues,but the effect is limited.It is urgent to form a systematic system to make up for its shortcomings.For this reason,the third Session of the 13 th National People’s Congress of China voted to pass the Civil Code of the People’s Republic of China,which uses the word "administrator" for the first time in the articles,and stipulates in detail the election,duties,remuneration and civil liability of the administrator in articles 1145 to 1151.This shows that China has formally established the estate administrator system from the legislative level,which is a great progress of China’s estate management system.Heritage in this article from the "good company" a typical case,through case analysis of the problems existing in the practice,in contrast,our country estate legislation present situation,under the precondition of affirming its positive function,pointed out our country estate system in the existing problems in the judicial practice,such as the lack of qualified qualified,litigation status of the fuzzy and unclear responsibilities and imputation principle,the lack of changing conditions,etc.,These problems will greatly reduce the operability of the administrator system.Therefore,this article combined with the "civil code" and China’s national conditions,in order to "estate system in China" as the research object,in view of the problems existing in the system of our country’s estate,from estate qualification,legal status,clear division of duties and imputation principle,change the rules and the five dimensions of system development in the future,and put forward to perfect our system of estate specific perfect path.