Research On The System Of Litigation Trust In China

Litigation trust is a kind of trust system which clients transfer their substantive rights and corresponding procedural rights to the trustee and the trustee bring a lawsuit to realize the interest of litigant with the identity of litigant, the interest brought from litigation will be attributing to the designated beneficiary. The word litigation trust comes from the trust system of western countries, with the development of rule of law and trust system, trust litigation has been gradually recognized by countries all around the world with the research, analysis and summarization from law researchers. The application range of litigation trust system varies in different Countries, but this type of system is playing an important part with its core value, those unilaterally unresolved issues in litigation system and trust system can be easily solved with its help.Developing direction of litigation trust system will be analyzed with comparing the current status of the rule of law in China in this Paper, breakthrough points of how to better apply litigation trust system into our current legal system, how to integrate the advanced legal system ideas into our current legal system in China to construct a socialist legal system with Chinese characteristics, all the above will be discussed in this Paper.This Paper will also analyze the feasibility and application of litigation trust system in China, with the way of analyzing, comparing, researching the development thread of litigation trust system in some other Countries, principles and some specific recommendations will also be provided, which all based on the historical research of the development of litigation trust system. This paper is divided into four chapters:In the first chapter, the definition of litigation trust system will be defined, the basic value of litigation trust system will be revealed with comparison on the conception of litigation trust, litigation act, and claims trust.The second chapter introduces the development of litigation trust system in other Countries, with the means of comparison, what we should learn from them will be discussed.The third chapter analyzes the rationality and feasibility of building litigation trust system in China, which is discussed from three angles of social values, legal basis, and practical foundation.The fourth raises the principles which litigation trust system should follow, meanwhile, suggestions and recommendations are also raised for the construction of litigation trust system after the analysis on the whole system as well as its different sections.