Study Of The Legal Status Of Trust Principal

England is the candle of trusts. Trusts play a vital role as protected pools ofring-fenced assets in British society and in countries governed by the British in earliereras, for example USA, Canada, Australia, New Zealand and India. Today Europeanand other countries which do not have the British concept of the trust in theirdomestic laws are admitting and even transplanting trusts by ways of legislation orpolicies. To accelerate our country's economy, the law of trusts was passed on April,2004, which provides an excellent outside management system for our society.Although the legislature had learned extensive knowledge of trusts in many countries,including common law states and civil law states, and took into consideration ourdomestic circumstances and needs, the law of trusts in our country still faces theawkward situation just the same as other civil law states when transplanted the trusts.This article is trying to search the role and position of the settler, starting fromthe difference in settler's rights and duties between the civil law states and thecommon law states. And finally according to the analysis, find somerecommendations to our law of trusts.The whole article is divided into four parts.First part, the significance in law of searching the status of the settler. This partis purposed to expound the significances of this article's contents, including thesignificances of the settler's status to trusts' essence, to exerting trusts, to affecting thecivil law, and to the inner relationship between the settler, trustee and beneficiary.Second part, compare the settlers' status in civil law and common law. This partadopted the means of analogy to analyze the principle differences of rights and dutiesbetween civil law and common law.Third part, the analysis of the settler's status which he is ought to be in trusts.This part is purposed to discuss the dilemma which was faced by the civil law stateswhen they were trying to transfer the trusts into their domestic law systems. Throughthe discussion of the settlers' status in the civil law states and the common law states,conclude the status that a settler should get. And this part is the foundation of the nextpart.Last part, the careful assay of the settler's status in our country's law of trusts.This is the central part of this article. And this part scrutinizes the provisions whichare concerning the settler's rights and duties in our law of trusts, analyzes theiradvantage and drawback, and finally proposes the suggestions to the law of trusts.