The Construction Of Testamentary Trust System In China

Taking real cases as the breakthrough point, this thesis reflects the new demand for Testamentary Trust System in China and proposes a solution to introduce the Testamentary Trust System to our country. The necessity and feasibility of the introduction of the Testamentary Trust System is studied to give the positive significance of the establishment of this system in our country, by analyzing the superiority of its function and the possibility of the construction of the testamentary trust system in China. In addition, the problems existing during building the system have been comprehensively analysed. The advanced systems in the U.S. and Japan, which are the typical representatives of the common law and civil law countries in developing a successful testamentary trust system, are learned to solve the problems through the methods of comparison and analysis. At the legislative level, the testamentary trust system is proposed to be improved in the fields of the trust property ascription, testamentary trust set up and entered into force, modification and termination, management and supervision. At the practical operation level, the sections of negotiation, establishment and implementation, are composed for the purpose of setting up the Testamentary Trust System suitable for China’s national conditions.