Research On The Construction Of The Executor System

China’s Law of Succession was promulgated in 1985, which was enacted in the planned economy era. Due to the limitations of history and knowledge of many other factors as well as the guiding ideology "Be general rather than in detail "on the objective civil legislation, the law provisions and principles and the content presented in an absolute rough way. Since the enactment of the law has not been amended from September 11,1985, it did not release new judicial interpretation from Ministry and Supreme People’s Court on the implementation of "People’s Republic of China Inheritance Law" Opinions on Some Issues (hereinafter: implementation of the "Law of Succession" opinion)With the promulgation of China’s economic development and "Property Law" as well as social and economic exchanges increasingly complex, "Inheritance Law" has been unable to meet the needs of protection of private property rights and interests of citizens. Particularly, China’s "Law of Succession" will not establish a sound implementation of the system, so many people will not be in accordance with the will to realize the true meaning, neither can they give full play to the effectiveness of heritage, nor effectively resolve the testamentary inheritance disputes. This article provides reference through research, analysis executor values, qualifications, generating methods as well as the present situation and problems of executor system connected with the experience of foreign countries and other regions to improve our system and executor "Civil Code".This paper is divided into five parts:the first part is about the introduction of the case and discovery of the problem. Through design and analyze the case, the problem of the lack of the executor is found, in which many methods are suggested briefly. And then the importance and necessity of establishment and perfectation the system of the executor system is obvious.The second part:Comparison of the executor system. To provide a reference for the Improvement of Legal System executor, I will analyze and compare through the same point and difference among Chinese Macao,Chinese Taiwan and Chinese Hong Kong as well as other countries related to the testamentary trust system.The third part:the executor production. Explain what institutions and personnel can serve as executor from qualification executor, the executor of the generation method and terms of office in a general way or a special way, as well as the executor to accept or reject representation inaugural representation.The fourth part:the executor of the rights, obligations and responsibilities. A comprehensive introduction to the various scholars and various national and regional summaries of executor rights, obligations and responsibilities of the content, then I will analyze, explain and put forward their point of view one after another, ultimately showing what rights the executor should fulfill what obligations and responsibility.The fifth part:Dealing with the problem without executor. By the contents of the foregoing parts, it is analyzed what conditions would be when the executor is lacked, and found the methods to solve these problems. Forthermore, it reflects the importance of the executor system.