Legislative Perfection Of Our Country’s The Executor System

The executor system is one of the most important intestate succession. It’s an important way to realize the contents of the will, it’s an important means to guarantee the heirs, legatees, heritage creditors and other people who have interests with the will, its also an important link of the social stability and harmony. The executor system is legislated by all the countries now. Our country’s "Inheritance Law" although mentioned this system, however the legislation has far behind the social and economic so that there is a huge gap between the reality and people’s needs. Therefore, the executor system should be detailed right now. This paper put forward some suggestion and conception of perfecting our country’s executor system based on discussing the executor system’s jurisprudential and comparing of the executor legislation which is existing in the world. In this paper, except the introduction and conclusion, the main body is composed of three parts:.The first part of this thesis introduces the executor system’s background, origin and development process, clears the concept of executor and administrator with the will annexed, at the end of this part introduces the current situation of the executor system in our country.The second part emphatically setting forth legal principle of the executor system. At first, pointing out the different views on the executor’s legal status in the present world, and though comparison and analysis considering our country’s legal status of executor may choose task theory which looks more reasonable and appropriately. Secondly, comparing the executor system with similar systems to definitude the characteristics and functions of executor system. Finally, describing the necessity and feasibility of perfecting our country’s the executor system.In order to construction the executor system in our country, the third part listing some countries and Hong Kong, Macao, Taiwan regions’legislation to provide reference, putting forward the specific legislation provisions of the executor system, setting up the supporting systems and other inheritance systems.