On The Application Rules Of The Management Of Foreign Heritage In China

The essence of foreign-related inheritance lies in the reasonable distribution of the deceased’s inheritance with foreign-related factors in accordance with legal conditions and procedures.Whether the management of foreign-related heritage is scientific and reasonable is not only related to the integrity of the property ownership of the deceased,but also directly related to the legal rights and interests of the property-related right holders.However,the political,economic,cultural,and historical traditions of different countries and jurisdictions are not the same,which not only makes the substantive laws of different countries and jurisdictions on heritage management different,but also makes the legal application rules of different countries and jurisdictions related to heritage management.Conflicting norms are also very different.Because of the complexity of foreign-related heritage management and its legal application,it is difficult for the international community to form uniform substantive law rules on matters related to foreign-related heritage management.Even though the "Convention on the International Management of Heritage" was formulated at the Hague Conference on Private International Law in 1973,Because the content of the "Convention" conflicts with the legislative and judicial practices and actual interests of many countries regarding heritage management,so far,only a handful of countries have ratified the "Convention".That is to say,the international community currently has no effective international unified substantive law norms in the management of foreign-related heritage,and is commonly followed by all countries.It mainly adjusts the relationship of foreign-related heritage management through conflicting rules or conflicting norms.For a long time,my country has no applicable laws for the management of foreign-related heritage.It was not until the "Law of the People’s Republic of China on the Application of Laws in Civil Relations Concerning Foreign Affairs"(hereinafter referred to as the "Law")that was implemented in 2011 that the management of foreign-related heritage was stipulated for the first time.It is not until the "Civil Code of the People’s Republic of China" that came into effect in 2021 that it has made clear provisions for the administrator of the estate for the first time.Although our country’s legal application rules for foreign-related heritage management and other matters are reasonable,there are still imperfections.In view of this,this article takes "On the rules of applicable laws for the management of foreign-related heritage in my country" as the selected topic,and attempts to start with the legal conflicts in terms of the qualifications and powers of foreign-related heritage managers,and explain the legislative origin of the rules for the management of foreign-related heritage in my country.Analyze the characteristics and shortcomings of China’s foreign-related heritage management laws and regulations,and put forward my own opinions on how to improve my country’s foreign-related heritage management laws The full text is mainly divided into the following parts:The first part describes the legal conflicts of foreign-related heritage management.As the regulations on heritage management systems in different countries and jurisdictions are not the same,it not only makes different countries and jurisdictions have domestic substantive law rules on the qualifications,powers,selection procedures of the administrator,and the legal responsibilities of the administrator of the estate.They are not all the same,and make the applicable laws of different countries and jurisdictions on the above-mentioned issues very different.There is a fierce legal conflict between them.The second part explains the origin of the applicable rules of our country’s foreign-related heritage management laws.Since China’s "Law on the Application of Laws" does not have established rules for the application of laws for foreign-related heritage management and other matters,it can only be fully based on China’s basic national conditions,and refer to and draw on the following Legislation and judicial practice:First,the legislation and judicial practice of civil law and common law systems on the application of foreign-related heritage management laws;second,the relevant international treaties on foreign-related heritage management and other matters;third.China’s past Judicial practice concerning the application of laws on matters related to the management of foreign heritage.Although the legislation and judicial practice of the above-mentioned countries with different legal systems and relevant international treaties on matters such as foreign-related heritage management are not the same,they basically fully consider the necessity of the law of the location of the heritage as their applicable law,and introduce them appropriately The principle of autonomy of will and the principle of the closest connection are introduced.It is precisely in view of the above-mentioned factors that the applicable laws of my country’s "Law on the Application of Laws" on matters related to the management of foreign heritage have been formally established.The third part analyzes the basic characteristics and main defects of the applicable rules of my country’s foreign-related heritage management laws.Its basic characteristics are mainly reflected in the following:First,adopting bilateral conflict norms to regulate the legal application rules of foreign-related heritage management and other matters.Regarding the "location of the heritage" as the connection point for determining the applicable law for foreign-related heritage management and other matters,that is,the country’s law is applicable to the country where the heritage is located.It fully reflects the equal treatment of domestic laws and foreign laws.Second,take the law of the location of the estate as the only applicable law for matters such as estate management.The main shortcomings are reflected in:First,the matters and scope of foreign-related heritage management are not clearly defined.Second,the applicable applicable law is too single,and there is no provision that the law of the forum can be applied.Third,the applicable law for the management of movable property inheritance is separated from the applicable law for the inheritance of movable property.Fourth,the applicable law for the management of movable property inheritance is separated from the applicable law for movable property.The fourth part discusses the concept of perfecting the applicable rules of our country’s foreign-related heritage management laws.First,the matters and scope of foreign-related heritage management should be clarified.Second,add the law of the court place as the governing law for matters such as estate management.Third,coordinate the relationship between the applicable law rules for the management of movable property inheritance and the applicable law rules for the inheritance of movable property.Fourth,coordinate the relationship between the rules of law applicable to the management of movable property heritage and the rules of law applicable to movable property.If necessary,the international licensing management system for heritage can also be introduced.