Study On The System Of Estate Administrator From The Perspective Of "Civil Code · Inheritance"

With the rapid development of our economy,individual and family wealth,whether from the property type or quantity than used to have very big change,in the face of our country under the background of an aging society brought by the inheritance disputes increasing challenge,adapt to social development of the civil code is in the legislative level to add estate system,However,in the actual practice,there is no specific procedure for implementation,and the people cannot carry out civil activities related to inheritance in an orderly manner according to the existing provisions.Succession opens,the estate system should play its role,including the choice of estate,the estate of heritage protection and management,estate organizing and compiled the book,liquidation and estate of inheritance matters announcement,presided over the estate heritage segmentation,estate office.In this process,if the estate administrator is conscientious,fair,impartial,professional and efficient,it will have an important impact on respect for the will of the decedent,protection of the interests of the inheritor,maintenance of family harmony,ensuring the orderly inheritance of family wealth,and protection of third-party transactions.Estate system is not practical to establish in our country,there are a lot of problems,such as the qualification of the estate and selection rules incomplete,estate,which is the core of the system,is to inherit the organizers and the actual drivers of civil activities,requires estate have certain professional,need the selection set up scientific system of estate;The system of estate list has not been established.The Civil Code stipulates the making of estate list as one of the duties of the estate administrator,but the contents and format requirements of the estate list are not mentioned.There is also no provision on how to deal with situations in which there are more than one administrator or no one willing to be the administrator.In view of the problems existing in the system,the paper finally gives solutions including: the design of the system of the estate administrator,the construction of the auxiliary mechanism of the diversified estate administrator system and the design of the system of the estate list,so as to implement the system of the estate administrator and give play to its functions.