Research On The Application Of The Estate Administrator Syste

In the chapter "Disposal of the heritage",the inheritance Compilation of the Civil Code establishes the heritage administrator system,which plays an important role in ensuring the management and distribution of the heritage,safeguarding the rights and interests of the other stakeholders of estates,and solving the inheritance disputes.It is a great progress in our legislation in the inheritance field.Although the heritage administrator system has been implemented,the current general and principled provisions of the system can not fully respond to the practical problems in judicial practice.The fuzzy legal status of the heritage administrator,unclear qualification standards,imperfect duties and insufficient detailed responsibility,etc.,have led to some practical problems in judicial application,such as inconsistent judicial judgment,rigid application of system,difficult to effectively maintain the safety and fair distribution of the heritage,and difficult to reasonably balance the rights and interests of the estate owner.It is not conducive to the practical application of the heritage administrator system.In order to promote the effective operation of the system,it is still necessary to refine and improve the specific rules,so as to enhance the operability and practicability of the system and ensure the realization of the final legislative purpose.In terms of the legal status of the heritage administrator,the administrator is endowed with the qualification and appearance of the right of the litigation subject,and at the same time,the system of no inheritance and the system of the administrator is connected,so as to promote the flexible application of the system.In terms of qualifications,the qualifications of natural persons,legal persons and unlegal organizations should be refined,and the supervision mechanism of the heritage administrator should be established to ensure the safe and fair distribution of the estate.In terms of the scope of responsibilities,it is necessary to improve the order and time limit of the performance of duties of the heritage administrator,as well as the duty of public notification,and clarify the dispute resolution rules of the joint heritage administrator,so as to balance the interests of the heritage stakeholders.In the aspect of legal liability,identify the nature of the liability of the heritage administrator and the principle of liability,supplement the way of liability bearing,and improve the exemption situation of legal liability,so as to maintain the justice of the heritage administrator system.