On Improvements Of Testamentary Trust In China

With the economic and social development, personal wealth increases unceasingly,but the inheritance dispute problem is becoming more and more serious, thetestamentary trust system can be the successor to guard against the risk, ensure thesafety of wealth. Originated in Anglo American trust legal system because of its uniquewealth inheritance and efficient management features for the general public to favor.2001China promulgated and implemented the "PRC trust law", the article eighth andthe provisions of article thirteenth of the testamentary trust system, which marks thetestamentary trust system in our country is an important step in the legislative level.Unfortunately, the clauses in the law of testamentary trust system are too simple andabstract, it is difficult to operate in practice.This paper will start from the basic meaning of testamentary trustsystem,characteristics and function, and uses the method of historical research,empiricalresearch, comparative research, advantages and characteristics from the establishmentand validity, nature of property and ownership, management and supervision of foreigntestamentary trust system of existing legislation, and as a reference on how to to furtherimprove the trust legal system in our country.This paper consists of three parts: the firstpart is the basic content of testamentary trust system is discussed, mainly on thetestamentary trust system origin, current development situation in Britain and othercountries of Anglo American trust law and related legal problems are analyzed, and howto balance the system of trustee, the beneficiary, the trustee the relationship between themain line, are analyzed from the testamentary trust property, establishment and effectetc; the second part is to analyze the insufficiency of Chinese trust law system willaccording to the practice and laws of our country faces the dilemma in the managementand supervision of existence: Trust Establishment and effect of conditions on theunreasonable, testamentary trust property problems,deficiencies, other relatedinstitutional obstacles are analyzed; the three is combined with China’s actual situation,problems and obstacles, and further improve the legal system of trust in China.Countermeasures and suggestions are put forward, in order to benefit the research anddevelopment of testamentary trust system in our country.