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Comparative Study On The Chinese And Foreign Legal Systems Of Trust

Posted on:2008-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:W J YuFull Text:PDF
GTID:2166360215959838Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Trust is an innovative property management systems, it originates from England and developed in American and Japan. Because of the function of property management and financing, it has already become the property management mode that is often used in market economy countries. Nowadays, the function of the trust is not only to escape from the various legal restrictions to the property transfer. It has more flexible ways to accomplish the function in the property transfer and management, when comparing with the other ways of property management, such as the form of agent and corporation. And it can also satisfy the various needs of the people to manage their property better than the other ways.Since the reform opening in China, trust industry was gone trough five times reorganization, and came back to itself finally. During this period, China's trust operation should have a promising expectation. But there are many difficulties in the face of us, especially trust law which is not perfect brings passive impact on the development of our trust industry. How to harmonize the potential conflicts between trust law and other related laws and systems is an important issue that needs to be addressed.Firstly, the article starts with the basic knowledge about trust, such as the definition, characteristics, function and trust origin. Then the article through looking back of the development history in the leading developed countries analyzes the revelation to our trust industry and our trust law. Based on it, article carries on comparative research to Chinese and Foreign trust laws and principles, and evaluates to this. At last, the design of relevant system of trust law to our country is appraised especially, and the article makes an intensive research on how to improve the Chinese trust law, develop business trust and non-business in balance, consummate relevant law system of trust law and mix with WTO system, then gives some detailed plans and suggestions for this purpose.
Keywords/Search Tags:trust, trust law, trust industry, improvement
PDF Full Text Request
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