On The Amendment And Improvement Of The Protection Of The Creditor’s Lawful Interests In The Inheritance Law

Inheritance is following the acquisition of property as a way of, is closely related with people’s life. Bear a debt in succession of life before the next, its creditors and heirs because of the legacy of debt settlement exists conflict of interest. Was limited to the legislative background, in mainland China, the succession law to protect the inheritance of interest focuses on, and to be inherited a deaf ear to the interests of the creditors, imbalance in the interests not only violate the legal spirit of fairness and justice, but also indirectly affect social order of economic transactions.This article is divided into three parts. Firstly, the paper briefly introduces the mainland China is inherited rules on the protection of the interests of the creditors, shows to be inherited lack of protection of the interests of creditors, from the legal, political, and economic aspects of the related system is not perfect. Secondly, analysis of China’s Taiwan "civil law(inheritance)"(hereinafter referred to as the "civil law") limited inheritance, credit report, legacy of debt settlement, publicity push advertising and be inherited the creditor claims and damages claim system design. The "civil law" in Taiwan region not only pays attention to the fairness and justice of the distribution of the inheritance of the inheritance, but also the balance of interests between the heir and the creditor. Finally, through the comparative study of the relevant provisions of the mainland China and the Taiwan region, according to mainland China the legislation situation of the protection of the interests of the creditors of inherited, in the Taiwan region experience for reference proposed to mainland inherited modifications of the protection of the interests of creditors and suggestions for improvement.