Research On The Responsibilities Of Chinese Heritage Administrators

The inheritance system stipulates that the property left by a natural person when he dies is handed over to the next successor based on closeness and distance,which is conducive to maintaining the stable development of kinship and the directional flow of property.In order to effectively deal with the inherent drawbacks of the "Inheritance Law",the "Civil Code" came into being under the impetus of practical needs,and added a heritage administrator system involving the generation,duties,legal responsibilities and remuneration of the heritage administrator,which is a sign of progress in the field of inheritance.The heritage administrator system is a part of the inheritance system,and it is mainly a procedural mechanism in the process of heritage management and distribution.However,there are still deficiencies in the responsibilities of the estate administrator in this estate administrator system,such as the incompleteness of the estate list system and the responsibilities of public notices to creditors,the lack of reasons for the termination of duties,and the imperfect way of assuming responsibility for the dereliction of duty by the estate administrator.To sum up,it is indeed necessary to improve the content of the responsibilities of the heritage administrator in combination with the endogenous order of the system.Based on the investigation and analysis of the basic theory of the heritage administrator,the legislative status of the heritage administrator system and the extraterritorial regulations,the improvement of the responsibilities of the heritage administrator mainly starts from the following aspects: First of all,clarify the independent legal status of the estate administrator.It is not the agent of the heir,the deceased,nor the agent of the estate（presumed to be a legal person）.Lay a theoretical foundation for the performance of people’s responsibilities;Secondly,improve the time,content,requirements,inspection objects,validity and legal consequences for the estate administrator to make the estate list,and stipulate the duties of the estate administrator to publicize the urging creditors,including the time limit and consequences of publicizing the urging;Finally,it enriches several reasons for the termination of the estate administrator’s duties,including natural termination,voluntary resignation,dismissal,etc,and improves the responsibility of the estate administrator’s dereliction of duty.