| With the development of society,the number and types of citizens’ personal wealth have been continuously enriched,not only movable and immovable property,but also equity and other property types,and at the same time,the relationship between creditors and debts between people has also become more complicated.In this context,the simple inheritance system of the Inheritance Law is no longer enough to solve the increasing number of inheritance disputes,in order to Meet the actual needs,the inheritance part of the Civil Code pioneered the introduction of the estate administrator system,in the process of inheritance processing to set up special estate management provisions,starting from the way the estate administrator is generated,performing duties,statutory responsibilities and remuneration claims,which not only effectively solves the problem of the heirs’ property and inheritance mixed resulting in creditors unable to realize their rights,but also prevents individual heirs from embezzlement.The occurrence of hidden inheritance that causes damage to the rights and interests of other heirs promotes the fair and reasonable distribution of inheritance,fills the gap in the inheritance system,is conducive to inheriting good family customs,and creates social order harmony and stability.Estate administration is a complex process,which not only requires the estate administrator to carry out necessary management of the estate to ensure the preservation of the value of the estate,but also resolves the contradictions between the stakeholders of the estate and guarantees the rights and interests of multiple parties.Therefore,only five articles cannot cover all the problems that occur in the process of estate management,and it is necessary to carefully and accurately improve the estate administrator system to form a scientific estate management system.This article clarifies the existing provisions of the estate administrator system by interpreting the existing law in conjunction with the legislative purpose.At the same time,combined with the operation of the system in judicial adjudication,the types of cases involving the estate administrator system are divided into three categories: uninherited estate disputes,disputes over the appointment of an estate administrator and disputes over estate administration,and it is found that there are different judgments in the same case,and there are also disputes in the application of law.This paper summarizes the dilemma of the application of China’s estate administrator system through systematic analysis,and there are problems such as lack of subject qualification restrictions,provisions on termination of duties,supervision and constraint mechanisms,and difficulty in implementing the right to claim remuneration in substantive rules,as well as problems such as litigation and non-litigation mixed procedures,and lack of procedures that want to be connected with substantive regulations.Moreover,there are Many disputes over the legal status and litigation status of the estate administrator,which Makes it difficult for the administrator to effectively exercise the right of administration.In view of the above dilemma,after examining the experience of relevant extraterritorial systems,we can improve it from the following aspects: First,in terms of substantive rules,strengthen the examination of the qualifications of estate administrators,and start from the aspects of positive qualifications and negative qualifications,so as to make the main provisions of estate administration More full.At the same time,strengthen the supervision and restraint of the estate administrator system,with a view to ensuring that the estate administration is legal and reasonable.In addition,it was suggested that an exit mechanism for the administrator should be established to elaborate on the solution of the administrator in the event that the administrator was not qualified.Finally,the right to claim remuneration of the estate administrator is refined,the power protection of the estate administrator is strengthened,and the efficiency of estate management is improved.Second,in terms of procedure,it is first specified that the administrator of the estate shall adopt non-litigation procedures,and then on this basis,a Modification procedure and a determination procedure are added to support the implementation of substantive rules.Finally,clarify legal status and litigation status.As a basis for the exercise of administrative rights,a task should be adopted to determine the legal status of the administrator.At the same time,the administrator of the estate shall have an independent litigation status,not represent the interests of any party,and its Main function is to safeguard the overall rights and interests of the relevant persons of the estate. |
