Research On The Legal System Of The Life Insurance Trust

The life insurance trust is a new field in China, and it is not establishment in our country completely, and we don’t have a specific definition. In general speaking, a life insurance trust is a trust that the owners of the monetary claims and the trustees establish a contract, which transfers some or the whole property to the trustees, and the trustees of the insurance trust according to the agreement to proceeds and administers the trust for the beneficiaries and specific objectives. At present, the life insurance trust in abroad is very advanced, especially the irrevocable life insurance trust in America, not only have advanced theories do support but also more abundant practical experience to prove.Based on the social economic development level and the related legal system in our country have a great difference with the US or Japan, so we should pay more attention to the applicable mode and scope. Therefore, the paper was divided into four parts to describe the life insurance trust system legal questions:The content of the first part is the life insurance trust theory, mainly defines the concept and nature, and on this basis, which explore the types and comparison with the related concepts.The content of the second part is the foreign life insurance trust legal system and reference. I adopt the comparative law research methods and to select US, Japan and Taiwan, study their business model and monitoring system, so as to explore the establishment of China’s life insurance trust system development mode and direction, and put forward some worthy advanced experiences from US, Japan and Taiwan.The content of the third part is the necessity and feasibility of development in China. I analyze the necessity and feasibility of develop the life insurance trust in China and tried to demonstrate that we should establish the life insurance trust in China.The content of the fourth part is construction of the life insurance trust in China. From the view of the concrete legal system and social reality, I put forward some concrete operation suggestions that how to apply to the life insurance trust in China.