Prepared By The Trust On The Application Of Law In China

Constructive trust after centuries of common law jurisprudence of accumulation developed gradually established a legal system, is an equitable tool for corrective actions contrary to conscience, not only the theoretical basis of complex interlaced structure, the scope is very broad. Although China's current trust law fiction is not to trust into them, but the separation of ownership and beneficial law, the constructive trust eliminated theory of obstacles at the legislative level. Also, if the relevant laws of China and in-depth analysis of judicial practice, not difficult to find our country at this stage have been unconsciously applied in drawing up the constructive trust rules. Prepared by the constructive trust in our country in an awkward position, just as we feel the presence of the shadow, but its lack of necessary care. This result aroused interest in the study of constructive trust. This paper is based on on our current consideration of legislative and judicial levels, through the concept of drawing up the constructive trust, the system model and the theoretical basis of equity research, etc, to drawing up the constructive trust for the system construction in China to make some useful attempts.This addition to the introduction and conclusion, the main body is divided into four chapters.Chapter 1 is a general introduction of constructive trust. Constructive trust in this chapter the concept, through to the Constructive trust and trust, resulting trust, statutory trust, and the equitable system of easily confused with discrimination, and further defined the connotation and extension of the trust fiction. And on this basis, the nature of drawing up a comparative study of constructive trust trust in order for drawing up a summary understanding of the Trust.Chapter 2 is devoted to study the theoretical basis that can justify Equityin imposing a trust on a property owner. Fiduciary duty, undue influence, fraud, unjust enrichment of non-conscience behavior and trust are important to the implementation of fiction based on equity theory, but this is not a complete list. Select the chapter four focuses on important theoretical basis, and in the end of the chapter one pair of fiction based on the Trust's equity theory summarized.Chapter 3 Prepared for the constructive trust Status in China.This chapter first from our legislative and judicial practice, start the analysis confirmed that China has not consciously apply the rules of drawing up the trust. Then on this basis, the start of the current shortcomings of the legal system, focusing on selected system and the unjust enrichment Innocent depth analysis revealed the superiority of drawing up the trust and irreplaceability.Chapter 4 Prepared for the system of constructive trust in our construction. This chapter from the fiction in China and the Necessity of the Trust, the system mode of the constituent elements for drawing up the Trust's point of view, for the construction of fiction lay the theoretical foundation trust system. Finally, the Trust Prepared by the specific system construction of thought, and explore China should take a reasonable choice.The last part is this conclusion, the conclusion part of the proposed article on the constructive trust in the system construction for the main points, in addition to the specific design of the system put forward some suggestions.Prepared by Anglo-American legal system, constructive trust is the representative character, its inclusion into our legal system for our use, inevitably related to the system and equitable legal system of China-related research. Therefore, this source of material not only foreign doctrine, jurisprudence; also domestic in this regard the theory and practice.For this reason, this approach adopted are: (a) analysis of empirical research methods; (b) to compare the research methods; (c) Logical analysis...