Research on legal issues of applying for the designated estate administrator
The Civil Code of the People's Republic of China and the Civil Procedure Law of the People's Re-public of China stipulate the designated condition the jurisdiction of the court,the scope of the subject of the ap-plication and the principle of designation of applying for the designated estate administrator.However,in judicial practice,the court limits the scope of the appointment of the estate administrator to four main subjects of the exec-utor,the heir,the village committee and the civil affairs department.Different courts have different criteria for de-termining the principle of"conducive to estate management".The civil affairs department and the village com-mittee lack of normative documents and professional knowledge when serving as estate administrators.To this end,it is recommended to expand the scope of the designation of the estate administrator,refine the principle of the designation of the estate administrator and issue corresponding operation guidelines for the civil affairs depart-ment and the village committee as the estate administrator,so as to further give full play to the function and role of the estate administrator.
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