Research On The Trust Publicity System

This dissertation summarizes the basic theories of the trust publicity system and studies the value of this system. Basing on the research on the relevant legislation of current legal system as well as the practices in China, it sets forth some constructive advices to make up those deficiencies of legislation in China. This dissertation contains four parts:Part One makes a general introduction to the trust publicity system, including its concept and its object and its characteristics, which is the bases to make up those deficiencies of legislation in China. The trust publicity is to publicize the rights on the trust property by some manners, and the rights on the trust property include all the rights of the assignee and the beneficiary on the trust property.Part Two studies the value of this system, which embodies mainly safety and efficiency. Concerning safety, it protects the benefits of the beneficiary, the assignee and the third parties. And with regard to efficiency, the income of this system is more than its cost, and this system economizes individual cost and accelerates the trades.Part Three represents and comments on the trust publicity system in Anglo-American law system and civil law system, which is used for reference of the consummating of the legislation in China. Having reviewed the trust publicity system in Anglo-American law system and civil law system, we can use the obligation of the assignee for reference, which is to distinguish the trust property, and we also can use different methods for publicizing different kinds of trust property as other country of civil law system.Part Four proposes the specific suggestions on how to consummate the trust publicity system in our country by using the successful legislation experience in the countries and district mentioned above for reference. These suggestions are put forward to make up the deficiencies of legislation, involving making more robust subsidiary laws for trust publicity, regulating the manners to trust publicity, the validity of the trust publicity, the subject of trust publicity and the procedure of trust publicity more clearly.