Study On The Construction Of Heritage Manager System In China

The “Law of Succession of the People’s Republic of China”(hereinafter referred to as the "Succession Law")has been implemented for more than 30 years since it was promulgated in 1985,and many simple provisions in this law have been unable to solve the increasing complexity of inheritance issues in practice.The establishment of the civil code provides an opportunity for the revision of the Succession Law,and the heritage manager system is one of the succession law systems that need to be constructed in China.The heritage manager system plays a significant role in the legal succession system.In the period between the beginning of the succession and the division of the inheritance,the inheritance may be in a state of fragmentation,and the ownership of the inheritance is in an unstable situation.Therefore,if lacking unified management and preservation of inheritance by heritage manager during this period of time,there will be a series of problems,such as the reduction of inheritance value,the private division,damage even loss of the inheritance,and the damage to interests of heirs,grantees,heritage creditors and other relevant persons,which will lead to inheritance disputes.To avoid these disputes and maintain social stability,it is necessary to build a heritage administrator system and regulate the process of inheritance disposition,which can reduce the risk of damage to the inheritance and protect the legitimate interests of the stakeholders.From a global perspective,many countries and regions have established a complete inheritance administrators system,which ensure the smooth distribution of inheritances,solve the inheritance disputes,and has gradually become an indispensable part of the legal succession system in these countries.When the Succession Law was established,the heritage manager system was not clearly stipulated due to the limitations of history.The system was only mentioned in article 16,24,32 of this law and article.The first one is related to implementation of the inheritance,the second one provides a briefly definition of heritage preservation,and the last one stipulates the content of inheritance without person inheriting.However,these three articles cannot properly resolve all inheritance disputes in practice.Due to inherent defects such as the narrow range of the main bodies of heritage executor and custodian,they seems helpless when dealing the specific situations where decedent does not make a will,the heritage executors is not determined in the will,or no one is able to inherit the heritance.The heritage manager system is similar to the above two systems,but it has a more detailed range of the main body,legality and certainty for the regulations on rights and obligations of inheritance management,and detailed arrangements for all aspects of inheritance processing.This system can make up for the defects of heritage executor and custodian system,and protect heritage creditors more powerfully,demonstrating the superiority of this system.Nowadays,in the face of the social reality that economic life is becoming richer and abundant,the need for a wellestablished heritage manager system in the succession law has gradually emerged.Combining the reality of our country,establishing a heritage manager system will help protect the interests of the people involved in inheritance,reduce inheritance disputes,and maintain the stability of social order.Moreover,it is a remedy to the current law in China and is beneficial to complete the system of succession law.In addition,the Succession Law is an important part of the civil law,and its perfection can lay the foundation for scientifically formulating the civil code at the beginning of compilation.In some extent,the construction of heritage manager system is a requirement for the development of a law society.