On The Legal Protection Of Creditors In The Estate Division

At present, our country still use the succession law that is developed in 1985. Due to the constraints of the prevailing social economy level and the theory of law, the legislation is not perfect. Especially the property inheritance system mainly protect the interests of the heirs, however, our successions have many obvious defects and deficiencies in protecting interests and rights remedy of estate creditors. This would lead to the violation interests of estate creditors frequently occurred, and the estate creditor lack of the legal means to protect their own interests. Therefore, it is particularly important to improve the protection for estate creditors in the partitioning of the estate.This paper mainly analyzed the status of legislation and existing problem of protecting the interest of estate creditors in current Successions Law in China, and having used the relevant foreign legislations for reference and having combined with the actual Chinese situations. The paper offer correlative suggestions on protecting the interests of the estate creditors in China to make up for the loopholes and shortcomings of legislations.Apart from the introduction and the conclusion in this paper, the body is composed of five parts.The first part introduces the related overview of the legal protection for estate creditors in the estate division. This part mainly analyze and define the concept of the inheritance 、the heritage、the estate division、the estate debts and the estate creditors.The second part introduces the theory basis of protecting the interest of the estate creditors. The theory basis mainly embodies five principles: the principle of equal protection the interests of the heirs and the estate creditors, the principle of fair protection the interests of the heirs and the estate creditors, the principle of the good faith principle to heirs, the principle of protection for the transaction security and the principle of protection for the private property of the citizen.The third part mainly introduces legislative status of legal protection for estate creditors in inheritance system in China and puts forward the exiting of the loopholes and defects in protecting the interest of estate creditors in our succession law combining the Chinese actual situation.The fourth part reviews the legal protection for estate creditors in the partitioning of the estate in foreign legislation and mainly analyzes the relevant legislation of the countries in continental law system(mainly including Germany、Switzerland、France and Japan)and Anglo-American law system. Throughout the overseas advanced legislation experience, this part also describes the inspiration and reference for revision of the Succession Law in China.The fifth part proposes to improve system conception on legal protection of estate creditors in China. Against the problems existing in the current Succession Law in China, learning from the overseas advanced legislation experience in combination of actual demand in China, and putting forward improvement of protection of estate creditors in China from the following aspects: the definition of the scope of estate, the acceptance and waiver of inheritance, heritage administration system, the right of estate creditors, estate discharging system.