Research On The Trust Property Registration System

Many members submitted jointly “the proposal of revision about ‘Trust Law’”during the NPC and CPPCC In2013, which one of the most important problem is theregistration system in trust property. At present, one the one hand, our country has nota unified specification of the registration system in trust property; on the other hand,more and more registration questions in trust property happened in the practice. Themanagement authority in the registration agency generally refused to register trustproperty because of no relevant provisions to operate, so that many trust property andproperty depend on registration were excluded from the trust activities and severelyinhibited the development of trust function and trust activities.This paper adopted the method of comparative analysis. Through the analysisand comparison of the legislative practice of trust property between Common LawSystem countries (as the representative of Britain and the United States of America)and Civil Law System countries(as the representative of Japan and Taiwan) point thatthe main content and the theoretical basis of the registration system in trust property.At the same time, author proposes some revised suggestions about registration systemin trust property according to the current development of China’s trust system andtrust industry.This paper consists of three parts(introduction，text and conclusion) and textconsists of four chapters. The research results of this paper are mainly concentrated inthe fourth chapter, which is how to perfect our country’s registration system in trustproperty. This paper is mainly depend on three aspects about the property ofregistration, object of registration and main part of registration to propose thesuggestion of our country’s registration system in trust property. For the validity ofregistration, this paper suggests that modifying the registration validity doctrine modeand using different mode relay on different property. For the object of registration,author suggests to adjust it base on the change of property right registration. For themain part of registration, we must clear and definite the competent registration organand the applicant of registration.The highlights of this paper including the main content of the trust registration,theoretical principle, extraterritorial investigation, Status of the trust property registration system in China and suggest. This paper draws the following importantconclusion through the analysis of above-mentioned content: firstly, there is an urgentneed to improve the trust property registration system to maintain security oftransaction and improve the efficiency of transaction account with China’s trustindustry has grown fast in recent years. Secondly, Trust property registration systemis not the under concept of the property publication system. Although some extent oftrust property registration have right meaning of property publication system, the trustproperty registration mark the independence of the trust property, which exceed thetraditional area of property publication system. Finally, trust property registrationsystem compromise the conflict between Civil Law System’s theory of a fabric withsingle ownership and Common Law System’s theory of double ownership andconnect to the traditional theory of Civil Law and the trust law of Common LawSystem.