The Study On Trust Publicity System

This article have a deepth study of a system of notification of the trust property, theauthor has been in the third part of this article analyzes the status quo of trust property systemof notification. The main problem of the status of the system of notification of the trustproperty is the lack of interoperability in practice. So I in order to improve the practice of trustproperty publicity operability, in this part of the trust property publicity procedural systemspecific design. Mainly from three aspects of the accepting institution known to the public bythe trust property, the applicant, publicity contents design.This paper is composed by introduction, body and conclusion. The body has four parts:Part1, outline of the system of the trust property publicity. In this part, we introduce thereasonableness and necessity of the system of Trust property publicity. The author firstlydiscusses this problem from the angel of the theoretical basis of trust property. There areextremely different understanding of the ownership of the trust property between commomlaw and civil law. The commom law acknowledges the theory of dualownership, but the civillaw insists on the tradition of a matter-a right. So the scholars of the civil law creat the theoryof the independence of the trust property, in order to make the trust accord to the tradition ofthe civil law, while introducing the trust from the countries of UK and USA. Then, the authormakes a deep analysis of the value of trust property publicity from the angels of fairness,safety, efficiency and freedom. Finally, the author analyses the law meaning of the trustproperty publicity addressing that the trust property publicity do a favor to the administrativeauthority to supervising and management, help to enhance the social credit, safeguard thesecurity of transactions, save transaction cost, ensure the legitimacy of the purposes of thetrust, and avoid the double taxation.Part2, introducing the specific content of the system of trust property publicity. I mainlyintroduces the law force and the specific approaches of the trust property publicity. The lawforce of the system of the trust property publicity includes the confrontation and credibility.There are two views about the confrontation, the doctrine confrontation elements andeffectively important documents. Japan, South Korea and some other countries and regionsadopt the doctrine of confrontation elements, however, we and Germany agree the doctrine ofeffectively important documents. Taking which doctrine more reasonable, the author concludes that the doctrine of confrontational elements is more reasonable, after analyzing thedoctrine of confrontation elements ’ advantages and the doctrine of effectively importantdocuments’drawbacks, then, introduce another law force—the credibility, mainly discussingthe system of defect inheriting. Three aspects are included: accepting institution of trustproperty publicity, the applicant and publicity contents.Part3, analyze the defects of the system of the trust property publicity in our country.After a comment to the10th sentence of <The Law of Trust> and introduction of practicaloperation, we draw a conclusion that the defects of the system of the trust property publicity.The specifics are as follows: the lack of legislation, the unitary of publicity methods,unreasonable of adopting principle of registration Effectiveness, lack of specific registrationauthority and perfect procedures of trust registration.Part4, design the trust property publicity procedural system. As analysing the status ofthe system of the trust property publicity in the third part of this article. The main problem ofthe system of the trust property publicity is the lack of interoperability in practical. Giving this,we design a specific trust property publicity procedural system in this part to improve theinteroperability of trust property in practical. Finally, the author introduces the specificapproaches of the trust property publicity, including registration, endorsement, labeling andinformation.