Research On The Establishment Of Heritage Manager System

Inheritance Law of the People’s Republic of China enacted since 1985, since China experienced great changes of reform and opening, our country’s social reality has undergone earth-shaking changes, social-economic has developed fast, citizen’s personal property which can be allocated has been increasing constantly. Combined with the diversification of social value orientation, great changes have taken place in citizens’ concept of inheritance. In order to meet the needs of the transfer of property relations in the new period, it is imperative to speed up the revision of the "Inheritance Law". The establishment of heritage manager system is a very important task. There is no heritage manager system in our legal system, the related provisions are executor and heritage depository system. However, these two systems are not able to solve all the disputes in judicial practice properly. Especially when the decedent did not leave a will and his will did not specify the executor, or the specified executor were unable to serve as an executor on subjective or objective reason, and no one inherited the heritage, the superiority of heritage manager system will appear. In order to better regulate the relationship between property and personal on inheritance, the heritage manager system should be built when our country revise "Inheritance Law" in the future.This article is divided into five parts, the first part introduces cases, and then, it introduces the concept of the heritage manager and its legal status. The first step to establish the heritage manager system is defining the concept of heritage manager and legal status clearly so that can be able to clarify the authority relationship of heritage manager. This article attempts to analyze the relationships and distinctions between heritage manager, heritage depository and executors, and then clear and definite the related concepts of the heritage manager. The legal status of heritage manager can be divided into the agency and inherent rights said roughly, in which the tasks said is more persuasive. The theory thinks that heritage manager does not represent the interests of particular body, heritage manager have more comprehensive functions.Secondly, this article second part analyzes of the feasibility and necessity of establishment of heritage manager and explains the importance of establishing the system. Heritage manager has neutrality and professional qualities, when engaged in heritage disposal transaction, they are more efficient and quick; to follow heritage integrity and security requirements, a rational and effective system should be built to standardize the process of heritage manage; heritage manage system has an extensive social foundation, citizens’ concept of inheritance can accept heritage manage, so the system can take root in our country. In addition to set up the heritage manage system can solve the awkward predicament in which the interests of inheritance rights holders are passive and nobody bear on inheritance without the law.Finally, from the third to the fifth part in this paper, according to the appointment, severance, authority and compensation responsibility of the heritage manager, respectively, our country inspect the foreign legislation for establishing heritage manager system, thus the suggestions of construction of heritage manager system have proposed, we hope to be benefit for improving the heritage inheritance laws system.