Trust Property System In China's Legal Thinking

As soon as the trust property independence is refers to the trust to pass through sets up, the trust property namely distinguishes with the trustee and bailee's inherent property, not the trustee or the bailee condition change, even comes from the bankrupt influence. In other words, Had been established after the trust legal relationship, the reason trustee's all trust property rights shift to the bailee all, lasts the period in the trust legal relationship, the trust property property rights belong to the bailee. The trust property independence, causes the trust property to exempt the trust litigant with the third human of between complex creditor's rights debt relations influence, thus enable the trust to have the risk which other property system did not have to isolate the function, the increase trust property security.Our country's trust property system, because in concept ambiguous, has caused the legal article self contradiction. Concrete manifestation in: One, talks ambiguously the way tacitly approves the trustee to retain the trust property the property rights, has obliterated the trust essence, has created in the trust legal principle theory of law the concept confusion; Two, from this trustee's right extreme expansion which brings, causes the trust property the independence clear to reveal without knowing where to begin. But trust property independent status losing, is restricting the trust industry development in many aspects. Not only this withdraws from the trust relations with the British and American legal system country trustee the tradition to violate completely, moreover also and with had the trust method most countries for the mainland legal system to have certain difference.Therefore, carries on the analysis discussion to the trust property system, is helpful in carefully examines to the Chinese trust property system, also is helpful to the Chinese trust industry again localization. This article decided through the utilization many kinds of research technique, obtains from the analysis trust property concept as well as the trust property system formation development, discusses the trust property system to construct。Meanwhile in model overseas about trust property system legislation experience as well as in restrictive right shift theory foundation, how explores consummates our country trust property system.