Research On China 's Trust Registration System

Trust is a design of a legal transfer of property and management system. Trust is the coreelement of trust property. Trust is to focus on the entire legal relationship of trust propertymanagement, use and disposal and expanded.2001"Trust Law" has been enacted, the registrationsystem has not been possible to establish the trust, the trust property is not conducive to theeffective use of rights protection and trust of the parties, and therefore Research Trust registrationsystem, to deepen trust law research, promoting the sustainable development of the trust industryimportant.Firstly, to see the good performance of the economy during the counter-cyclical trust industryin recent years, comparative data from the economic development and the development of trust inthe industry as well as the consolidation of China’s second-largest financial position format, but atthe same prosperity and development, as missing, trust funds were misappropriated trustregistration system, when the interests of the beneficiaries have been infringed instances haveoccurred, which we need to control and isolate the source of the risk from the trust business, theestablishment of trust registration system as soon as possible.The second part is a comparative analysis of overseas trusts registration system made. Featuresintroduced separately from the common law and civil law under the two legal background Trustregistration system, which focuses on the similarities and differences between Japan and Taiwanof China on trust registration antagonism with the existing trust our Registration Effectiveness andnoted its the feasibility of alternative registration in force doctrine.The third part of the registration system of trust around the main problems and adverseeffects Speaking from the sector covered by the registration of property rights dispersion,indicating many registration authorities, registration authorities dispersed set up a trust for there-registration of property rights over the corresponding generated, query difficult drawbacks; thenanalyzed Shanghai Trust registration Center in practice the problems; finally analyzed registrationsystem is flawed practice of the negative impact of the Trust.The fourth part is specific proposals to construct trust registration system in China. TrustRegistration supporting legislation is needed to solve the problem first. From the harmonization oflegislation with the dispersion pattern of trust, comparative legislative mode selection, unifiedlegislative model proposed trust registration advantages and feasibility; then immovable propertyfrom the trust, the trust should be registered movable property and intellectual property trust trustregistration agency proposed three specific establishment; finally from the Trust to apply for registration, inquiry and review as well as the trust registration agency proposed liability undererror conditions and other aspects of trust, trust registration system to make specific arrangementsput forward their own ideas.