The Status Of The Trust System In Civil Code

Trust has become an important legal system in the economic and social life today, because of its flexibility, and being developing prospect.As a kind of method that managed and processed property, gradually plays a more and more important role in China social and economic life. Modern trust system, originated in England, benefited from the British law of common law and equity for specific environment. It was explained for "dual ownership" in the traditional scientific theory.With the development of economic globalization, the fusion tendency between different legal system intensifies.Trust system stems from the Anglo-American law system in property relationship is playing a more and more important role. Continental countries tried to take all kinds of measures in order to be included in the inherent law system, but traditional civil law pursues the property of the legal and strictly abide by the concept of ownership oneness, real property of creditor fixed dual structure, leading to the continental law system of many theoretical obstacle of trust, trust system and the internal related system of civil law uncoordinated never obtain perfect solving structural. These become the barriers to cross the obstacles to trust.Our country civil code procedure are being made in currently, how made and the position of the trust in civil code has become the focus of attention and discussion. This paper adopts law history, law, sociology, comparative research methods of analysis, from the trust system history origin and its basic characteristics, tries to find out the essential of trust, and relevant countries’legislative model for reference, discusses the trust system and continental conflict and blending traditional theory in China, and trying to find out the possible route to successfully transplanted trust, and points out that the trust system in future should be covered in the property of the civil code, in order to help the construction of future civil code.This paper altogether is made up of four parts. The first part is the obstacles of the trust system into civil code, this section analysis of the obstacles in this paper firstly the article traces the historical origin, trust system, the concept and characteristics of the trust has done a brief explained, countries lack of unified trust although concept, but has two basic characteristics include of trust property ownership and the beneficial right of the trust property of separation and independence. Then discusses the theory of trust system into civil disorder in detail, which continental law strictly single ownership and trust the cornerstone of double ownership-produced the contradiction between incompatible, contract system can’t effectively supervise the trustee and complete protection trust beneficiary’s rights. From the perspective of property rights, the trust property trust, tries to make some analysis to observe the trust essence from two common sense of ownership.The second part is the conflict and blending of the relevant system between trust and civil, this part demonstrates the trust and agency, company, the trustee-trader, as the third person interest mainly,and points out that the relationship between contract trust and the above system although in many ways similar places, but trust has its unique system function to other system, so the trust should be look as a kind of independent system and should receive the attention it deserves. In the design of the trust system should note and related system coordination.The third part is the trust system of civil legislation pattern investigation into ministry by investigating the typical continental law system country and region, it is concluded that the current legislation pattern several major legislative model:property trust system model, contract law covering trust system model, covering subjects method covers trust system model and civil special law legislation mode.The fourth part is the legislative proposals of trust system in the civil code in the future, this part through theoretical analysis shows that the contract first trust system legislative model of covering defects, and through the analysis of the characteristics of the trust property, and points out that the trust property is a kind of independent property, shall be attributed the category of property. Finally, the author summarizes the research point of view:China’s future of civil legislation mode should be property covers trust system model.