Trust Contract Theory Study

This paper uses jurisprudence theory and adopts several research methods of comparative analysis, historical analysis and comprehensive analysis to make a thorough and systematic study on basic theoretical questions of major concepts and important tenable conditions of trust contract, rights and duties of party, changes in the contract, termination or break of a contract and indemnity liability in terms of theory. Through investigating and studying the origin and forming course of ancient Roman trust contract, contrasting the development of trust contract in continental law and common law, in the light of the forming and developing courses of the trust contract in China,, combined with advanced legislative technology and methods in western developed capitalist nations, the paper tries to analyze and study the trust contract system in our China from its legislative status quo, judicial status quo and legislative characteristics and puts forward a rationalization proposal for perfecting trust contract system of China on the basis of it.