The Legacy Debt Repayment Liability System Research In Mainland China

Legacy of debt settlement system is an important part of the inheritance law,which directly relate to the heir and heritage creditors to the protection of the interests.And the legacy debt repayment liability system is one of the basic content of legacy of debt settlement system.Study of the legacy debt repayment liability system,this paper begin from heir to the premise of legacy debt repayment liability,heir to bear the liability for the debts of heritage and the implementation of the heir to the legacy liquidation responsibility three aspects to expound the basic theory.Then,investigating and evaluating the legacy debt repayment liability in mainland China folk habits of survey data and the present situation of the judicial practice,and the legislation present situation of the legacy debt repayment liability system in Germany,Japan and Taiwan where calles the continental law system countries and region.Based on analyzing of the deficiencies in the legacy debt repayment liability system in mainland China,and summarizing the scholars suggested draft related suggestions,so as to put forward the legislative suggestions about the legacy debt repayment liability system.Since the compiling period "civil code of China",hoping the paper would contribute to our civil inheritance of legislation in our country.In addition to the introduction,the total of more than36000 words,the paper is involved four parts,including the following:The first part is summary of legacy debt repayment liability system,respectively to the direct inheritance system,indirect inheritance system and the legacy debt repayment liability system in mainland China of heir to the premise of legacy debt repayment liability,heir to bear the liability for the debts of heritage and the implementation of the heir to the legacy liquidation responsibility three aspects elaborates the content,carring on the preliminary understanding and awareness of the legacy debt repayment liability system.The second part is investigating and evaluating the folk custom and the judicial practicein mainland China of the legacy of debt repayment liability system.According to the above three aspects as system,through to the related folk custom in the book called An Empirical Investigation and Study of Popular Habits of Succession In Contemporary China of research data,and 150 referees which searched online,understand the system of folk customs and discover the predicament in judicial practice.And research on them to lay a foundation for legislation proposal.The third part is comparative investigating the legacy debt repayment liability system legislative cases in the civil law countries and regions.According to the above three aspects as system,by Germany,Japan and our country Taiwan area's the legacy debt repayment liability present situation of comparative study,so as to sum up the legacy debt repayment liability system outside of similarities and differences,draw lessons from the beneficial legislative experience.The fourth part is thinkinglegislation of perfect the legacy debt repayment liability system in mainland China.On the basis of the above,analyzing the existing deficiencies on the legacy debt repayment liability system in mainland China.For deficiencies,combined with the current situation of the folk customs and judicial practice's analysis,learned from the useful legislative experience abroad,based on the suggestions of the scholars in China,and last the legislative suggestions of the legacy debt repayment liability system inmainland China are putting forward.