On The Revision And Perfection Of China 's Trust Law

Since the trust law enacted in 2001, has been through more than ten years.With the rapid development of China’s capital market, China’s trust industry grow quickly, many new problems followed. Combined with trust law has deficiency of part design and deviation of value orientation, makes it to the demands of the era.Current of the trust law can not fully meet the needs of the development of trust business, legal system construction obviously lag behind the trust industry development, the trust law major revisions is imminent.Based on this, the author focused on the modification of the trust law on a topic, based on some problems in the practice of the trust law, and to analyze its defects and deficiencies, in Anglo-American law system countries and successfully transplanted the trust law of Japan, China Taiwan region legislation experience and enlightenment, the current main problems of the trust law in our country, proposed modification Suggestions, in order to help the perfection and development of trust system in China.This article is divided into four chapters. The first chapter introduces the procedure of the legislative background and characteristics. The second chapter analyzes the problems existing in the trust law and discusses the necessity of modification. The third chapter of the trust law amendments proposed by chapter division one by one. Explain the reasons and reference legislative cases, including the content of the provisions, legislative reason and foreign legislative cases. In contrast to draw lessons from Anglo-American law system and the basis of the legislative cases in Taiwan, Japan, combined with China’s national conditions, superficial modification Suggestions. The fourth chapter discusses the perfection of related supporting the trust law system.