Legislative Research On The System Of Testament Enforcement In China

The system of executor of testament is a long-standing civil law system,which originated in Roman law at the earliest time.Up to now,most countries have detailed and complete provisions on it in their legislation.In the current legislation of our country,the executor of testament mainly makes some brief provisions in Chapter Ⅱ and Chapter Ⅳ of the Inheritance Law of the People’s Republic of China(hereinafter referred to as the Inheritance Law).With the reform and opening up,the improvement of national economic level and the increase of national income,social concepts and family structure have changed,and testamentary inheritance has been accepted and chosen by more and more people.At the same time,the legal relationship of inheritance is becoming more and more complex,and the demand for executors of testaments in our country is also growing.However,the existing system of executor of Testament has some shortcomings,such as difficult to determine the executor,unclear rights and obligations of the executor,and simple provisions lack operability in judicial practice,which can not solve the complicated disputes of legal relationship of testamentary succession in contemporary times.In order to cope with a series of new situations,our country urgently needs to improve the existing system of executor of testament.Therefore,in view of the problems and shortcomings of the testamentary executor system in our country,based on the actual situation of our country,this paper makes an analysis and puts forward some suggestions for improvement,in order to make the testamentary executor system play a real role in our country.