A Study Of Litigation Trust

Litigation Trust means a kind of activity that the trustor transfers his/her substantive rights(such as creditor's rights) and corresponding litigation rights to the trustee and then the trustee enters into a lawsuit as one party of the case,but the benefits and interests arising from that lawsuit will finally belong to the beneficiary.It is a kind of trust system as well as a special form of litigant,which is also the most obvious feature of the litigation trust.This article aims to clarify the denotation and connotation of the litigation trust,introduce the public interest litigation trust and the private interest litigation trust,and put forward suggestions on the legislation construction of our state on the issue of litigation trust.Except the preface and conclusion,this article is divided into five chapters.The connotation and features of the litigation trust is introduced in Chapter One. In Subchapter One,the author introduces the historical changes to the criteria of standing and the expansion of standing,which naturally leads to the status and function of the litigation trust during the expansion of standing.In Subchapter Two, the fundamental point of view about the litigation trust in this article is put forward.Chapter Two is the research on the differences and similarities of the litigation trust and its related concepts.Litigation take-on is a legal system which has most complicated relationship with the litigation trust but also has the most intimate relationship with the litigation trust.They have some similarities in their respective denotation,but they also have obvious differences in the aspects of legal nature and litigant structure.The credit-right trust and the litigation surrogate also have similarities with the litigation trust in the aspect of forms.However,their differences are obvious and visible.Chapter Three mainly introduces the basic principles and principal form of public interest litigation trust.The trustee in pubic interest litigation trust may include procuratorate,public group and individuals.The group action lawsuit,in which the public group is acting as the trustee,is also an important approach to settle down the disputes of a large group of people as well as a typical form of litigation trust.In this chapter,the group action lawsuit in Germany is introduced as the principal example, meanwhile the specialties about the group action lawsuit in France,Spain,Greece,etc. are also illustrated.Chapter Four mainly focuses on the litigation trust aiming at the private interests. In this chapter,Article 11 of the Trust Law of Japan and corresponding legal practice are analyzed and discussed as examples in order to figure out the feature of private interest litigation trust and the reason why private interest litigation trust is banned. On the basis of that,the author raises certain reasonable elements about the private interest litigation trust.On the basis of the statements and arguments in Chapter Three and Chapter Four, Chapter Five continuously discusses the attitudes towards the litigation trust in the legislation and legal practice in our state.The author also analyzes the necessary and possibility to construct the litigation trust system in our state,and further puts forwards a preliminary suggestion on how to construct the litigation trust system in our state.