The Research On The Ownership Of Trust Property In Our Country

It is the essential characteristics of trust system to transfer the ownership of thetrust property or tenure. there exist errors in understanding the ideas of assets andequality between civil law system and Anglo-American law system. In terms ofproperty concept, they advocate to construct "double ownership" and try to reform thecurrent system of ownership or possession of the claim in order to achieve t heiracademic ambitions; In terms of equity, people always turn equity of civil law systema blind eye, or hold an attitude of suspicion or repulsion. The reason led to theincorrect understanding and argues of those is that people put one-sided emphasis onthe rights, and despise obligations, and excessively believe in the right and freedom,and suspect or mistrust public power. The ownership of rust property is not just aboutthe construction of trust system, and about how to configurate the legislative andjudicial power, which should be the standard, rights or obligations? the relationshipbetween law and equity and so on. Construction of our trust system requires not thatwe grasp the two legal familys’ consistency in the property concepts through theirdifferencies, but have knowledge of the equity embodied in the law, and treat itcorrectly. Only in this way, can we stay away from the wrong way in solving theproblem of the ownership of trust property and constructing our trust system.