On Circumvent The Legal Trust

Trust is commonly used as a instrument to evade legal obligations and limits, which is a problem faced by many countries including China. After trust was introduced into China, various kinds of trusts have being used as a way to circumvent legal obligations in company law, finance law, taxition law and other laws. However, for the lack of some necessary regulations and the weak foundation of turst law theory, Chinese trust law needs to learn more experience from other countries, especially from Anglo-American countries. So the main reason of this thesis is to introduce related regulations and theories on law-evading trust from other countries and areas.This thesis is divided into five chapters.Chapter 1 is concerned with the general introduction of the concepts related to law-evading trust, and generally introduces concept and theories on compulsory legal regulations.Chapter 2 makes a historical and practical analysis of trust law regulations on law-evading trust in Anglo-American countries. On the basis of practical research, the author analyse three perspectives in trust law to tackle with the problem of evasion of law by trust.Chapter 3 makes a comparative study of regulations and cases in civil law system about law-evading trust, mainly taking Taiwanese trust law as example.Chater 4 discusses the application of related PRC Trust Law provisions and the probable ways to improve the regulations about law-evading trust in PRC Trust Law.Chapter 5 put forward a proposal for judging the validity of law-evading trust, then applies it into the real exemples to test its effect.The conclusion re-states the main train of thought and point of view, and re-emphasizes the research values of this thesis.