The Theory Of The Legislation Building Of The Executor System Of China

The executor plays a crucial role in realizing the testament effectively and protecting the interests of the interested party related to the testament. Due to the restriction of the economic development, historical background as well as legislative experience in the very beginning when the inheritance law was formulated, the regulations on the executor now were quite simple.Along with the reform and opening up and economic globalization,we have a sharp rise in economic level and legislation technology.Meanwhile,the social and family relationships has changed so much these years.The original privisions can no longer meet the demand now.So it is pressing to build a relatively perfect executor system.In addition to introduction and conclusion, the body of this paper can be divided into five parts.The first part concludes the core questions discussed in the paper by analizing the case of inheritance disputes.The second part explains the meaning of the executor, the importance of building the executor system,the relationships between the executor and the administrator and the legal status of the executor.The executor is the one who dispose the heritage in accordance with the will when the will takes effect. The sense of building the executor system is that it securizes the realization of the will and avoids the inheritance disputes.There are two views on the differences between the executor and the administrator.One holds that they have similar responsibilities but different appellation.The other holds that each one has its own responsibilities. I put forward the advice that it is rational to treat the executor as deputy of the testator by the comparison between the domestic research results and the foreign legislation.The third part points out how to determine the executor,which include the necessary qualification,the ways of production and acception and refusion to the task.I put forward the advice which is conducive to the legislation by the comparison between the domestic research results and the foreign legislation.Firstly,the executor should be the person with full capacity,legal person or social organizations.Secondly,give the testator the right to substitute and give the legal heir the right to request the court to determin the executor.Thirdly,the executor has the right to refuse.But,if the executor accept the task,he has to make it clear within a reasonable period and he can not go back on the word any more.The fourth part discusses the responsibilities of the executor. I put forward the advice which is conducive to the legislation by the comparison between the domestic research results and the foreign legislation.Firstly, the executor has to make the account within a reasonable period.Secondly, the executor has the duty to report the the account.Thirdly, make it clear that the executor have the right to choose the substitution under special circumstances.Fourthly, the executor can make suggestions on the unauthorized disposal behavior of the successor.Fifthly,the executor have the right to participate in litigation.Sixthly,the executor has the right to demand the payment he deserved.The fifth part mainly study up on the supervisory mechanism of the executor,which include the reminder and opening of the testament and the consequences that the executor has to take if he performs duties unproperly. I put forward the advice which is conducive to the legislation by the comparison between the domestic research results and the foreign legislation.Firstly,the executor should give the testament draft to the appropriate body within a time limit.Secondly,the notary office is responsible for the opening of the testament.Thirdly,set an announcement period so as to securize the right to know.Fourthly,explicit the legal situation of undoing the qualification of the executor.