On The Trust Property Rights

Melant, the English legal pro once said, the most distinguish contribution ofEngland is that it created the trust legal system. Just as he said, trust system has theunique functions in transfer, management, long-term plan and the elasticity, all ofwhich makes it was introduced into many other countries including China. Trust Lawof China was issued in April 2001 and was enforced in October of the same year,which indicated the history when there was no Trust Law ended. More importantly, itofficially established the trust system with significant academic and practical meaning.This paper starts from the connotation of the trust and focuses on the legislationstructure, the basic context of the trust property rights, and specifically analyzes theinterest of the beneficiary and the property right and the liability in the trust rights. Bythe critical research of the different academic theories, it also analyzes the transfer andthe protection of the trustee, explains the rights and responsibilities of the beneficiary.It deeply discusses the definition, the scale and the independence of the trust property.Besides, it gets the conclusion that the trust property actually is a new combination ofthe rights with the features of property rights and liabilities, which is the blur area ofproperty rights and liabilities.