Research On The System Of Heritage Administrator In China

Before the promulgation of the Civil Code,my country’s inheritance law focused on stipulating many details of statutory inheritance,testamentary inheritance and bequest.On the issue of inheritance debts,the relevant provisions only express the basic position as it should,and do not extend any procedural provisions that can be based on the subsequent repayment behavior.It can be said that the previous inheritance system focused on the protection of the rights and interests of the heirs,which effectively promoted family harmony and the intergenerational transfer of wealth.However,it was difficult to truly incorporate other social relations involved in the inheritance into the protection scope of the inheritance law,and failed to fully play the social mediating role of the inheritance system.In contrast,the Civil Code introduced the heritage administrator system for the first time,which pioneered the concept of heritage management into my country’s legislative system,and stipulated the method of selection,content of duties,civil responsibilities and remuneration claims of estate administrators.This is an important symbol of the real establishment of the heritage administrator system in my country,a major breakthrough in the heritage inheritance system in our country,which fills the gap of the system.In addition,the estate administrator system has also ended the history of only paying attention to the protection of the rights and interests of the heirs in the field of inheritance,and has also included other stakeholders in the inheritance in the scope of protection,thus taking into account the family harmony and market transaction security Therefore,the establishment of this inheritance system also fully demonstrates the basic attitude of the legislators,that is,they expect to realize the value pursuit of freedom,fairness,efficiency and order through formal inheritance distribution.However,the law only stipulates the principled content of the heritage administrator system,and does not detail the procedural matters of heritage management,which will make my country’s heritage management system unable to respond to some actual specific situations.With Comprehensive analysis of the existing relevant laws and regulations,we can find that the current estate administrator system in my country still has the following deficiencies: the qualifications of the estate administrator are not strictly examined;the management authority of the estate administrator is not guaranteed;the various heritage rights holders are not fully coordinated;the heritage management is not standardized.Considering the above problems comprehensively,within the framework of the existing heritage administrator system,we can improve from the following four aspects.First,strengthening the qualification examination of heritage administrators.On the one hand,we can clarify the civil subject qualifications of the estate administrator,so that the estate administrator has the appropriate age conditions and intellectual level.In this way,the subject can be competent for the estate management work.On the other hand,we can establish a withdrawal mechanism for the estate administrator to ensure that the comprehensive conditions of the estate administrator always meet the actual management needs.Second,increasing the authority guarantee rules of the estate administrator.That is,we can give priority to ensuring that the estate administrator has the corresponding legal status,and then determine the court’s confirmation of the subject.In this way,the independence and autonomy of the estate administrator can be guaranteed.The third is to coordinate the interests of various heritage rights holders.On the one hand,it gives the estate creditor the right to request for preservation of the estate to prohibit the division of the estate,so as to balance the interests of the estate creditor and the heir.On the other hand,we can also clarify the repayment sequence of various inheritance debts in order to balance the interests of various inheritance creditors,and it also makes the repayment of inheritance debts more orderly.Fourth,refining the relevant supporting systems.That is to say,the improvement of the publicity system,the heritage inventory system,the heritage custodian system and the executor system can fully connect various heritage management links,so as to standardize the management of heritage.