On The Legacy Administrator System

The codification of the civil code,which officially began in 2015,is also the perfection of the rule of law system in China.In order to adapt to the reality of the increasing number and types of citizens’ personal property,the increasingly complex and diverse property and inheritance relationships,the Civil Code and Inheritance Edition inherits,supplements,and modifies the 1985 Succession Law of China,and the establishment of the estate system is one of the very bright spots.The estate administrator system is a comprehensive system construction.It refers to the measures taken by the administrator to preserve,clean up,and allocate the estate after the inheritance begins.Specifically,it passes the estate administrator,estate liquidation,inheritance preservation,and preparation of the estate.Inventory,public notice and inheritance distribution schemes have been completed.Its connotation includes: the integrity of the heritage management process,which runs through the entire period from the beginning of inheritance to the completion of the division of the estate;the subject of heritage management is the administrator and should be distinguished from the executor;the heritage management system includes a number of measures such as preparation heritage inventory,public announcement of interested parties,division of inheritance,etc.The specific purpose of the heritage management system is to preserve the heritage,protect the interests of stakeholders related to the heritage,and limit the successor’s disposal of the heritage.During the operation of this system,the value orientation of the law is reflected,such as the value of the freedom,equality,fairness and efficiency of the law.Specific to the legal construction of China’s heritage management system,the chapter "Handling of Heritage" in the "Civil Code and Inheritance Series" mainly stipulates the generation,duties,legal responsibilities and rights of remuneration of heritage managers.The rules for the generation of recognized administrators in our country are: the voluntary selection of the heirs is the main and the people’s court designates it as a supplement,and the civil affairs department and the grass-roots autonomous organization are introduced as alternatives for the administrator of the estate.When a dispute arises,the court may apply for appointment.The duties of the estate administrator include clearing the estate and making a list of the estate,reporting the inheritance to the heirs,taking necessary measures to prevent the destruction of the estate,handling the debts and debts of the heirs,dividing the estate in accordance with the will or the law of the will,and implementing other requirements related to the management of the estate behavior.The principle of imputation of civil liability of the estate administrator is fault liability.Its nature is tort liability,and the main methods are to return the property,restore the original condition,and compensate for losses.At the same time,it should be noted that,under certain circumstances,the estate administrator’s Civil liability is exempt.Regarding the right to claim compensation,if the estate manager is appointed by the heirs,the right to claim compensation shall follow the agreement between the two.If the people’s court appoints the administrator of the estate,it can determine a reasonable remuneration for it.It can be said that the construction of China’s heritage administrator system has been relatively perfect.Of course,there are still some legislative problems in China’s heritage management system.For example,under the unconditional succession of limited liability,the heritage list system has not been effectively established;the situation where the administrator may be multiple persons has not been considered,and there is no provision for a common administrator and resolution rules;due to the closed nature of the legal system,there is also a lack of provisions for the termination of office of the estate administrator.Therefore,in terms of legislative improvement,we can focus on the establishment of a property list system,including the production subject,requirements,time,submission and inspection objects,effectiveness and false legal consequences;increase the relevant provisions of the common property manager;supplement the termination of the property manager’s duties the rule of.