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在2010年3月召开的全国人大会议上,梁慧星代表建议仅有37条条文、实施了25年之久的《继承法》应当作较大修改。《继承法》的修改目前尚未列入全国人大的立法计划,按照立法程序,新继承法的出台恐怕不是一朝一夕之事。笔者建议,基于现有法律框架,应在司法层面上尽快建立公共遗嘱执行人制度。建立公共遗嘱执行人制度是社会的迫切需要。公共遗嘱执行人可以解决遗嘱人在指定遗嘱执行人过程中的若干问题。公共遗嘱执行人是社会公共服务人员,可供遗嘱人选择,同时,公共遗嘱执行人具有独立性,容易被当事
At the NPC Standing Committee held in March 2010, Representative LEUNG Hui-sing suggested only 37 articles and the 25-year-long “Inheritance Law” should be drastically revised. The revision of the “Inheritance Law” has not yet been included in the legislative plan of the NPC. According to the legislative procedure, the introduction of the new succession law may not take place overnight. The author suggests that, based on the existing legal framework, a public executor system should be set up as soon as possible on the judicial level. The establishment of public executor system is an urgent need of the community. A public executor may solve certain problems with the testator in appointing a executor. The public executor is a social public servant who can choose for the testator and at the same time the public executor has independence and is easily acquitted by the party