Research On The System Of Heritage Manager

After the beginning of inheritance and before the division of the heritage,the ownership of the heritage is uncertain.At this time,the heritage is in an unstable state,and there are risks such as the damage and loss of the heritage,the transfer or concealment of the heritage by the heritage occupier.On May 28,2020,the full text of China’s civil code was promulgated,and the heritage administrator system was added to the succession series,but its content is too principled and not specific,so it needs to be supplemented and improved.Starting from four parts,the writer deeply discusses the shortcomings of China’s heritage administrator system and the relevant suggestions to improve it.The specific elaboration is as follows: the first part expounds the concept of heritage management system and compares it with similar systems.In terms of the value of the heritage management system,this paper discusses the pursuit and help of the heritage management system to the values of order,justice and efficiency.In terms of the characteristics of heritage managers,it is very important for heritage managers to maintain their neutrality and professionalism in the process of heritage management.The second part analyzes the problems existing in the heritage manager system.Firstly,it discusses the ambiguity of the legal status of the heritage manager.The qualification and legal status of the heritage manager are not clear in the current legislation;Secondly,the civil code is relatively crude on the specific issues of the performance of the duties of the heritage manager,especially the regulation when the performance of the duties of the heritage manager is blocked,the supervision of the heritage manager and the responsibility for the violation of the duties of the heritage manager.Then,it studies the problem of uninherited estate management,including when and how the estate manager intervenes in the uninherited estate management procedure,and the development of the procedure after the intervention.Finally,it explores the unclear details of some provisions in the civil code,such as the order of estate settlement,the remuneration standard of estate manager and the specific details of estate list.The third part,firstly,makes a comparative analysis of the legislation of foreign countries(regions) on the heritage management system,starting from the two dimensions of civil law system and common law system,and combs the commonness and individuality of the legislation of major countries and regions under the two legal systems.Secondly,based on the comparative research results of extraterritorial national(regional) legislation,this paper discusses the Enlightenment of extraterritorial legislation to the improvement of China’s heritage administrator system.The fourth part,on the shortcomings of China’s heritage manager system proposed in the second part of this paper,combined with the third part,absorbs the practices in the legislation of foreign countries and regions that are worth learning from and can adapt to China’s social development,and put forward targeted suggestions on the improvement of China’s heritage manager system.It includes putting forward relevant improvement suggestions on the specific responsibilities of the heritage manager,such as the qualification of the heritage manager,the refinement of the remuneration standard,the preparation of the heritage list,the accountability mechanism for the violation of the heritage regulations or mismanagement of the heritage manager,and the relief methods for the obstruction of the performance of the responsibilities of the heritage manager.