A Study Of China's Pension Trust Property

In the old-age security area, absorbing the international experience has become a common idea to adopt the trust system. The modern trust originates the Common Law System, whose main character is the independence of the trust property, the separation of legal title and equitable title. But, the trust system growing in the Common Law System must have conflicts with the traditional civil law theories. How to dissolve the conflicts in the process of transplant in the Civil Law System, and guarantee the special function of trust at the same time? Especially, the pension trust property has a longer time, more risk. If the property is not defined clearly, it will threaten the pension. However, the has been made, there is no items on the trust property, and no pension laws focus on this, even few people have studied on it. Thus, there is emergent need to both the research and the practice.The research path of this thesis is: focus on the ownership of pension trust property, through the analysis to the origination and character of trust system, indicate the trust property should belong to the property itself. Then combined the specialty of pension, establish the pension trust property right should belong to the pension plan. Further more, under the direction of this thesis; apply it in the pension trust practice. At last make up the thesis, settle the problem and raise several suggestions to the lawmaking.The main conclusion of this paper including: 1, the key points of trust property is the separation of legal title and equitable title, make sure the independence of the property.2, we should establish the trust property as an independent rights group, it belongs to the trust property itself, so it is of importance to establish sound registration system of trust property.3, the pension trust property should obey the general theory of trust property, whose property is separate from relevant people, and belong to the pension plan.4, using the above theory and conclusion on the pension trust property, analyze the problems of setting up actual individual accounts and corporation pension.