On The Improvement Of China’s Heritage Management System

Before the inheritance begins,the inheritance of the inheritance is undecided.At this time,the inheritance is in a state of instability.From the perspective of system theory,there is a lot of possibility.There are a lot of divergences in the development path.Concealing inheritance and other risks,as far as the countries outside the region are concerned,many countries have established a relatively sound inheritance management system.The estate administrator is responsible for managing and distributing the estate,which effectively avoids the above risks.At present,our country has not yet formed a sound heritage management system,nor has it made systematic regulations on it,but only stipulated a small number of provisions related to the protection and management of heritage.On December 16,2019,the full text of the "Civil Code"(Draft)was officially announced,which added the legacy management system,but the content still has many defects,and lacks the key contents of the qualification of the administrator,the cost and termination of the inheritance management,Need to improve as soon as possible.This article starts a systematic study on the improvement of my country’s heritage management system,and it is divided into four parts.The specific contents are listed as follows:The first part is to study the value and necessity of perfecting the heritage management system.In terms of the value of the heritage management system,it separately discusses the protection of the safety of the heritage,the protection of the fair and orderly distribution of the heritage,and the protection of the interests of the owners of the heritage;In terms of the necessity of the inheritance management system,it mainly analyzes the deficiencies in the current legislation of our country and the latest "Civil Code"(draft),and drawsthe following conclusions: The content of the generation,qualification,and duties of the estate administrator should be stepped up.perfect.In the second part,the research on the generation and qualification of heritage managers is carried out.First,a comparative study on the legislation of extraterritorial countries is carried out,starting with the two dimensions of the typical country of the civil law system and the typical country of the Anglo-American law system,and sorting out their commonality and individuality.Secondly,it conducted a comparative study on the domestic scholars’ proposal drafts,and sorted out their consensus and controversial points.Finally,based on the comparative research results of extraterritorial legislation and the domestic scholars’ recommendation drafts,at the same time,it puts forward perfect suggestions in accordance with the provisions of the latest Civil Code(draft).From the perspective of the generation of estate managers,it points out that court designation and will designation are adopted.These three methods of election and succession with heirs are relatively reasonable.They believe that the fourth type stipulated in the Civil Code(draft)-civil affairs departments or village committees are still worth discussing.In terms of the qualifications of estate managers,it is pointed out Only persons with full civil capacity can serve as estate managers,and at the same time,trust companies can also be qualified to serve as estate managers.The third part is to study the two aspects of the responsibilities and legal responsibilities of the estate administrator.First,a comparative study of the legislation of the extraterritorial countries is carried out,starting from the two dimensions of the typical country of the civil law system and the typical country of the Anglo-American law system,and sorting out their commonalities With personality.Secondly,it conducted a comparative study on the domestic scholars’ proposal drafts,and sorted out their consensus and controversial points.Finally,based on the comparative research results of extraterritorial legislation and the domestic scholars’ recommendation drafts,at the same time,it puts forward perfect suggestions in accordance with the provisions of the latest“Civil Code”(draft).In terms of the duties of the administrator of the estate,it is pointed out that it is necessary to publicize the right holder,The inventory ofthe estate and the preparation of the list of estates,the treatment of estate debts and debts,the management and disposition of the estate,and the five duties of the provisions of the provisions of the inheritance,at the same time,we can learn from some extra-territorial national laws and regulations such as participation in litigation and other duties;In terms of legal liability,it is advocated to distinguish the responsibility of the heir to be the administrator of the estate on the basis of general provisions,and to stipulate the two liability forms of damage compensation liability and unlimited liquidation liability.The fourth part is to study the cost,remuneration and termination of the estate management.First of all,it conducts a comparative study on the legislation of extraterritorial countries.It starts with two dimensions of the typical country of the civil law system and the typical country of the Anglo-American law system,and sorts out its commonality and individuality.Secondly,it conducted a comparative study on the domestic scholars’ proposal drafts,and sorted out their consensus and controversial points.Finally,based on the comparative research results of extraterritorial legislation and the domestic scholars’ recommendation drafts,and at the same time,it puts forward perfect suggestions in accordance with the provisions of the latest “Civil Code”(draft).In terms of the costs of heritage management,it is advocated to stipulate that the costs of heritage management should be stipulated in the heritage It has priority to be compensated,but for the expenses arising from the management of negligence,the estate manager shall bear its own responsibility;in respect of the remuneration of the estate management,it is claimed that the estate manager has the right to remuneration,and at the same time as the heir to the estate manager The right to remuneration should be distinguished;from the perspective of the termination of estate management,it advocates the provision of two types of situations: temporary suspension and permanent termination of estate management.