| The first part expounds the importance of value selection and the two different thoughts of the theoretical circle on the construction of the estate management system,and explains that the construction of the estate management system should follow the value of freedom and fairness.The heritage management system fully embodies freedom and fairness in the institutional construction.In the value selection and balance,based on the nature of the inheritance law,the property law and the ethical requirement of the civil law,the estate management system should pay more attention to the human nature and respect the social customs in the construction.The second part discusses the violation of the inheritance system to the core value.On no inheritance manager selection,the existing "no heirs or successor to abandon inheritance" legislative model to make the short term is difficult to determine the estate,as a legacy system to connect and escrow system is difficult to effectively deal with legacy,successors who have the legitimate interests of heritage creditors and other stakeholders cannot achieve for a long time,interest is vulnerable to damage.Determining the village committee or the civil affairs bureau as the inheritor of course is not in line with the general understanding of the public,and to a large extent it will go against the will of the decedent,and the village committee or the civil affairs bureau does not have enough ability and will to deal with all the inheritors who have no heirs or all the inheritors abandon the inherited property.In terms of the legal responsibility of the administrator of the estate,the existing provisions do not distinguish between the legal responsibility of the heirs in the limited succession system and the legal responsibility of the estate management system,which makes the two systems confused.It is difficult to avoid the risk of loss caused by the successor acting as administrator to the interests of the interested parties of the estate.In addition,the administrator of the estate only in the case of intentional or gross negligence to assume legal liability is not only inconsistent with the general provisions outside the region,but also inconsistent with the increasingly severe situation of China’s estate treatment.Third,the existing system has no restrictive provisions on the qualification of the administrator of the estate,which is not conducive to the fair protection of the interests of the interested parties such as the creditors of the estate,but also prone to abuse of public power,the freedom of the decedent,the successor.The third part is to implement the value of freedom and equity in the estate management system.First,establish the successor vacancy system.When the whereabouts of the heirs are unknown,the court appoints the administrator of the estate to manage the estate and deal with the debts and claims.When appointing the administrator of the estate,the court may appoint the village committee or the civil affairs bureau as the administrator of the estate if it considers that the village committee or the civil affairs bureau are more suitable for the administrator of the estate,taking into account various factors.The village council or the civil affairs bureau shall not act as ex officio administrator of the estate.Second,distinguish the liability that successor violates estate inventory interest and general estate manager obligation should assume.The heir shall assume unlimited liability for repayment when he lists his interests in the illegal estate.The legal liabilities of the administrator shall be prescribed respectively according to whether the administrator receives remuneration.If the administrator receives remuneration,he shall be liable for his intentional or negligent ACTS;otherwise,he shall be liable only for his intentional or gross negligence ACTS.Third,standardize the qualification requirements of the administrator.An enterprise may act as the administrator of the estate.When a natural person ACTS as the administrator of the estate,a person without civil capacity or with limited civil capacity or a person with large outstanding debts cannot act as the administrator of the estate. |
