The Legislative Dilemma And Resolution Of The Order Of Paying Off The Inheritance

The newly promulgated "Civil Code of the People’s Republic of China" has The newly promulgated "Civil Code of the People’s Republic of China" expands the scope of inheritance in the inheritance chapter,which includes inherited debts.At the same time,it adds a new inheritance administrator system,which stipulates its responsibilities for handling the claims and debts of the decedent.The research on the settlement system has laid the foundation.At the same time,the settlement of inheritance debts has its particularity compared with other general debt settlements.There are many types of inheritance debts and different in nature.When the inheritance of the deceased is not enough to pay off all his debts,it needs to be based on a certain inheritance.Priority is guaranteed in the order of debt settlement.my country’s legislation not only lacks comprehensive and systematic regulations on the order of repayment of inheritance debts,but also does not stipulate the concept of inheritance debts and the scope of inheritance debts,which is also a matter of academic debate.At the same time,the extensive legislation has caused the judicial dilemma of the "empty check" of the court’s judgment,which has also led to difficulties in law enforcement,and made it difficult to realize the creditor’s rights of the inheritance creditor.In view of this,this article is based on the study of the basic theory of inheritance debt repayment order,through analysis of the current legislative status and existing problems,in order to make a reasonable and clear order for the repayment of inheritance debt.Generally speaking.the article is mainly divided into the following four parts.The first chapter first explores what is the inheritance debt and what is the settlement of the inheritance debt,and analyzes the viewpoints of the academic circles on the scope of the inheritance debt and the order of the settlement of the inheritance debt.The second is the root cause of the issue of inheritance debt repayment order.Finally,the necessity and feasibility of determining the order of inheritance debt repayment are analyzed.The second chapter first explores the current legislative status of the issue of the order of repayment of inheritance debts in our country and the three characteristics of the current legislation.Secondly,it analyzes the legislative dilemma of the inheritance debt repayment order,and analyzes the problems in judicial practice through case studies to map out the legislative issues.The legislative dilemma includes the issue of the scope of inheritance debt and the repayment order of inheritance debt.The third chapter first analyzes the legal provisions of Germany,Japan,and the United Kingdom on the issue of the order of the settlement of heritage debts and makes a summary.Second,it analyzes the reference significance of the regulations of the settlement of heritage debts outside the territory to our country,and analyzes their commonalities and differences.Based on this,a legislative system suitable for our country to learn from is summed up.The fourth chapter first analyzes the factors that should be considered to improve the order of repayment of inheritance debts,which mainly include two aspects:legislative design and legislative ideas.Secondly,it analyzes the principles that need to be followed to improve the order of repayment of heritage debts.The third is the legislative improvement of the scope of estate debt settlement,and the improvement of the order of inheritance debt settlement.From the perspective of the principle of resolving value conflicts,the principle of legal value priority,the principle of balance of individual cases and the principle of value recognition are used to improve the legislative dilemma.Make a reasonable legislative design on the order of the settlement of inheritance debts.