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A Study Of Chinese Trust Law Returning To The Origin

Posted on:2010-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhuFull Text:PDF
GTID:2166360278969290Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The origin of trust is the core characteristics and the basic structure of the trust system, which was came from the birth and had repeatedly stood the test of Practice. It is the fundamental guarantee of the flexibility and the security of the trust system, and it also has the characteristics of Universal applicability. However, it is worth noting that we did a series of transformation to trust system In the process of transplantation, In order to achieve the overall integration between the trust system and the traditional civil law system, to enable the Trust to adapt to the traditional Chinese legal culture as much as possible. but, some of improper changes and negligence led to a departure from the origin of trust and Injuries to the core characteristics of the trust structure, Including the "commission" substitute "transfer", Lack of trust taxation and double taxation, overhead the power of Trustee and lack of fiduciary duty, the establishment of Trust pursues the strict formalism, the test of effection registration was adopted by the trust Publicity, Missing link in the registration operation of the Trust, and so on.. These problems not only undermine the effectiveness of function of the trust system, but also hinder the further development of China's trust industry. For these reasons, I propose, we should Combined with China's national conditions, and fully learn the experiences of the Trust transplantation from Japan and other civil law countries, to correct our errors and redress our declination, returning to the origin of Trust Law as soon as possible. Including "Commission" returns to "transfer" in the definition of Trust, The "double taxation" returns to "transfer taxation", "The test of effection registration" returns to "the test of adverse registration", "strict formalism" returns to "Party autonomy", At the same time strive to build a system of fiduciary duty contained the judgment standards and the Form of liability. in order to restore the nature and the unique function of trust, realize the original purpose of system Transplantation, And clear away obstacles to the further development of China's trust industry.
Keywords/Search Tags:Chinese Trust Law, Transplantation of trust system, Origin return
PDF Full Text Request
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