Study Of The Trust Property Registration System

The trust system is a fairly young system in China. While its development can hardly be described as flying fast, we have nevertheless seen the tremendous room for future progress. However, many factors currently hamper the development of the trust industry. In particularly, the negative impact of an unsound system has made it difficult for the trust industry to develop in China. The most outstanding aspect of the unsound system lies in an unsound trust property registration system, which has become a bottleneck that restricts the development of China's trust industry. For the purpose of improving the theoretical foundation and practical operability of the trust law, it is necessary to conduct research and analysis of the relevant provisions of China's trust property registration system, point out existing problems and put forward specific solutions.Adopting a comparative research methodology, this Thesis conducts its analysis by centering around China's trust property registration system. With reference to the relevant provisions of the trust laws in Britain, the United States, Japan and China's Taiwan Province and based on the relevant legal principles and doctrines, this Thesis expounds on the trust property registration system---which forms the core system for trust--- with a view to revealing the inner meaning and essential elements of the trust property registration system, pointing out the necessity of improving China's own trust property registration system and making suggestions for such improvement from the perspectives of legislation and institutional content building.The Thesis consists of three parts: foreword, the main body and conclusions. The main body of the Thesis contains a total of three chapters. The whole thesis has around 30,000 Chinese characters in total.The first part, i.e. Foreword of the Thesis, presents an overview of the development environment of trust in China and introduces the background of trust property registration system research.The second part, i.e. the main body of the Thesis consists of three chapters, namely Chapters 2, 3 and 4.Chapter 2 provides an overview of trust property and the trust property registration system, examines the concept and nature of trust property and the theoretical foundation of the trust property registration system. The chapter summarizes the concept and nature of trust property and the contents of the theoretical foundation of the trust property registration system in order to offer a general understanding of the trust property registration system.Through an analysis of the trust property registration systems in typical countries (region) where a common law system or a continental law system is adopted, Chapter 3 conducts research on the establishment and provisions of foreign trust property registration systems. Analysis is mainly made of the trust property registration systems in Britain, the United States, Japan and China's Taiwan Province. Those aspects which are of reference use to China are summed up.Chapter 4 sets out to examine and analyze China's trust property registration system and to highlight the deficiencies of China's trust property registration system as well as the necessity of establishing a sound trust property registration system. It reveals the important position which the trust property registration system has in the development of the trust industry in China and points out that such a system is necessary and must be sound. Meanwhile, discussions are made on how to improve China's trust property registration system. By listing and generalization, Chapter 4 puts forward suggestions for improving the trust property registration system from the perspectives of legislation and institutional content building.The Conclusions part is mainly a summary of the views expressed in the main body of the Thesis. It makes a reassertion on the necessity of improving China's trust property registration system and generalizes the countermeasures and suggestions for such improvement.