On Legal Relations Of Trust Within

In recent years, the discussion on the ownership of trust property and the relationships among trust parties has become very hot. Actually, such discussion is both a demand for the development of the legal theory and the trust practice. Therefore, this dissertation focuses on trust parties'rights on the property and the relationships among the parties. In this way, we can understand the infrastructure and nature of trust so well that we can discuss the Trust Law of the People's Republic of China in an effective way.In the first part of the dissertation, the theory about"duality of ownership"in common law and the four types of theory in civil law are presented. These theories analyze trust parties'rights on the property in a different way.In the second part, the relationship between settler and trustee, the relationship between settler and beneficiary, and the relationship between trustee and beneficiary are introduced in detail.In the last part, some relative articles in the Trust Law of the People's Republic of China are analyzed, in order to settle the problems about trust parties'rights on the property and the relationships among the parties.The most remarkable features of the dissertation are the viewpoints as follows:The first is the concept of ownership in civil law is not adaptable to trust. So we have to rebuild the property right system, and then clarify the characteristic of the property right aroused in trust. Such kind of right should be regarded as separate from ownership in civil law. The second is that the over-active role of settler should be changed. Because the key roles in trust should be trustee and beneficiary.The third is that trustee should be conferred more rights so as to keep accord with the modern nature of trust. At the same time, the regulations on trustee's duties should be made more detailed so that the function of trust can perform well.