The Transplantation Of Voting Trust To China

Voting Trust is a kind of systems which exercise rights by the combination of Trust Law andCorporation Law. It aims to obtain the corporate control of one company, The system originatedfrom the United States in the19th century,reached to its maturity in the middle of the20thcentury. Now，Trust Law has been one part of Chinese leagl systems. Voting Trust has greatflexibility, which makes it sprout in Chinese market. As an introduced legal system, Voting Trusthas no theoretical justification and legislative support.The academic world appeals for thetransplantation of Voting Trust.It is an issue of legal transplant which needs to considerate thecompatibility of the donor and acceptor. The paper analyses the necessity of transplantation andadaptation of the Voting Trust, integrated and comprehensive consideration between Voting Trustand Chinese legal systems, as well as the social soil institutional environment， marketenvironment. Finally, the paper puts forward methods to abosorb the Voting Trust into China’slegal systems, which includes the construct of the ontology of Voting trust system and measuresfor preventing the inherent defect of Voting Trust. In a word, the paper aims to provide new ideasto the practice，theory，legislation of the transplantation of Voting Trust.