| Death is something that no one in the world can avoid.How to arrange the afterlife properly is a realistic problem that must be faced,among which the issue of property is undoubtedly one of the most important.In addition to the increasing number of inheritance disputes in China in recent years,we should pay attention to the management and fair and reasonable distribution of inheritance,which is related to the vital interests of heirs,creditors of inheritance and the stability of social order.For this reason,the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")has created a system of inheritance administrators,which provides for the selection,duties,legal responsibilities and remuneration of inheritance administrators.Generally speaking,the emergence of the administrator of the estate has led to some changes in the current inheritance procedures in China.Before the Civil Code came into effect,the procedure was roughly that the decedent died first,then the inheritance began,and finally the estate was organized and debts were cleared;after the Civil Code came into effect,the procedure was roughly that the decedent died first,then the administrator of the estate intervened,organized the estate,cleared debts and debts,and finally the heirs began to inherit.This change seems simple,but it involves many details.In the increasingly complex economic life,natural persons may be in a series of legal relationships of credit and debt as well as tax legal relationships,and the administrator of the estate is an important safeguard for the realization of the rights and interests of all parties.The establishment of this system has effectively responded to the current inheritance problems and popular demands in China,and also made the rules in the field of inheritance in China more specific and perfect.However,unfortunately,the provisions of the Civil Code are too principled,and it is difficult to achieve precise application in the face of today’s complicated inheritance cases,and some problems have been encountered in judicial practice,which are extremely detrimental to the implementation of the inheritance administrator system in judicial practice.In this regard,this paper mainly discusses the practical difficulties in the application of the inheritance administrator system by combining the judicial cases made by the courts after the entry into force of the Civil Code,the academic researches of experts and scholars in the relevant fields in China,and the examples of overseas legislation,so as to interpret and clarify the existing provisions of the system at a deeper level and put forward some feasible suggestions for the future legal application of the system.This paper is structured by an introduction,a body and a conclusion.The introduction introduces the background and significance of the article,research review,research methodology,innovations and shortcomings,and the concluding section summarizes the article.The first part of the main paper is an overview of the basic theory of the estate administrator system,mainly defining the concept of the system,explaining the distinction between the system and related systems,the current doctrinal controversies about the legal status of the estate administrator at home and abroad,the main views of this paper and the value of the estate administrator system,and some empirical statistical analysis of the current estate inheritance cases in China with the help of China Judicial Documents Network and Beida Faber.In general,the estate administrator system meets the needs of China’s judicial practice,protects the safety of the estate and the effectiveness of the estate,protects the safety of transactions and promotes other procedures,and protects the interests of subjects such as heirs and creditors of the estate.The second part is a discussion and analysis of the practical dilemmas in the implementation of the estate administrator system,such as the reality that civil affairs departments and village committees are generally reluctant to act as estate administrators,the lack of detailed regulations on the identity,terms of office and responsibilities of estate administrators,the lack of clear agreements on the qualifications and duration of office of estate administrators in the current regulations,and the lack of clear provisions on the legal responsibilities of heirs and others who do not cooperate with the work of estate administrators,as well as the lack of relevant supporting measures for the application of the estate administrator system.The third part of the main text is a comparative law examination of the estate administrator system,because the estate administrator system is not a localized product in China,but a more mature system developed in foreign countries.Therefore,this part focuses on the analysis of the relevant provisions on the qualifications,specific duties,legal responsibilities,remuneration and fees of estate administrators in foreign countries,summarizing the experience and practice of foreign countries and providing useful reference for China in light of the actual situation in China.The fourth part is the improvement path for the better application of the estate administrator system in China,in order to solve the problem that the existing regulations in China are too principled,and proposes some refined regulations and related supporting measures in response to the dilemma in the second part,which can formulate guidelines for the work of estate administrators in response to the reluctance of civil affairs departments and village committees to act as estate administrators;set up an estate In response to the difficulties in establishing the identity of estate administrators,a registration system for estate administrators can be set up;supporting measures for the estate administrator system can be improved,non-contentious procedures for the estate administrator system can be established,and the interface between the estate administrator system and the personal bankruptcy system,the residency system and the insurance system can be strengthened. |
