A Study On Trust Registration System

At present,one of the most important issues in China's trust legislation is the deficiency in the trust registration system.China's current "Trust Law" and its subsequent enactment of regulations do not cover such issue, which yet has become an inevitable obstacle in the development of the trust legislation in China.This thesis is therefore written in regard to issues in China's present trust registration system.The paper begins by defining the concept of trust registration system,followed by comprehensive analysis of the system content,the value of the system and its theoretical foundation.Further,through study of regulations covering such issue from the rest of the world,the author points out some major shortcomings in regard to the present trust legislation in China,and proposes appropriate recommendations.The thesis is composed of three parts:introduction of the issue, analysis and recommendations,and conclusion.The main body part of the thesis includes four chapters,written in total of more than 40,000 words.The first chapter outlines the trust registration system in China.It sets out a clear definition of the trust registration and related concepts,and further points out the differences and ties that lie in between.Through such analysis,it sums up the main content of the trust registration regarding its subject,object and classification of the object,as well its function in serving as part of China's trust legislation.This chapter sets out a clear view and direction of this thesis.The second chapter consists of analysis of the trust registration system's value and searching of its theoretical basis.The first part of it assures the value of the trust registration system's existence through analyzing its functions,which can be briefed as safety,efficiency,order and fairness,as an important part of China's trust legislation.Further through analyzing issues regarding property right,independence of trust property,complication of trust act and trust registration,it searches the theoretical foundation of the trust registration system,and its origin from the civil law system.By discussion of the purpose and significance of the registration system,this chapter provides some very sound theoretical support to the arguments of this thesis.The third chapter focuses on comparisons to other countries' registration systems.Citing the United States and United Kingdom's relative regulations as an example,this part studies the trust law in the common law countries.In addition,the paper studies the trust registration in countries under civil law system,particularly Japan with a detailed interpretation of its newly revised "Trust Law" and China's Taiwan region as examples.It further discusses the credibility of other civil law countries' relative legislations in trust registration as a reference.Through comparison this chapter lays out present issues in China' trust legislation.The forth chapter points out some of the widely discussed issues in China's present registration system in trust.Briefly speaking,the issues include:overly strictness of existing registration system,unclearness of registration object classification,and uncertainty of the registration subject. Further,based on studies from chapter two and chapter three,the author proposes some possible recommendations and legislative proposals regarding such issues.