Research On The Legal System Of Estate Administrator In China

With the economic development in China,the improvement of people’s living standards and the tremendous increase in social wealth,more and more people are paying attention to the management of post-mortem heritage.There is an urgent need for a well-established estate administrator system to help them deal with the post-mortem heritage,however,China’s existing Inheritance Law and Judicial interpretation of inheritance law are too principled for the administrators of the inheritance,and there is no practical applicability.Therefore,the improvement of the estate administrator system has become the top priority of our national code(inheritance).This paper firstly examines the concept of the estate administrator system by examining the existence of the "heritage management system" and the "heritage administrator system" in the current academic circles.Through the comparative analysis with the custodian,the executor and the will trustee and the legal status of the administrator,the unique functions of the administrator in the processing of the estate are pointed out.Secondly,by examining the regulations of the current legislation on the administrators in China,it is found that the provisions of the current laws in China are too principled for the administrators of the estates.Although the Civil Code(draft)has been published,there are more comprehensive provisions on the administrator system,but there are still some problems and some articles are not applicable.Thirdly,through the comparative analysis of the system of national heritage administrators in the Anglo-American legal system countries and the civil law system,we seek to improve the useful legislative experience of the Chinese heritage administrator system.Finally,in view of the existing problems of China’s heritage administrator system,from the six aspects of inheritance management,selection,qualification,legal responsibility,termination and supervision of the estate administrator,the suggestions for perfecting the system of Chinese heritage administrators are put forward.