On The Legislative Building Testamentary Trust System

In recent years, with the rapid development of economy in our country,the citizens’ personal income and storage savings have obvious trend of rising. At the same time, to the inheritance of problems become more and more, accordingly, the testamentary trust system with its unique advantages and flexibility as the choice of most people. Testamentary trust system originated in the British system of us right, after the United States and other countries introduced and widely used. Formally launched in 2001 in China, the trust law, though a testamentary trust system mentioned in this law, but there is no detailed rules is done in the testamentary trust system before transplantation is meet difficulties,often cause legal disputes. Investigate its fundamental, not just because of trust industry development in our country is lagging, but also because China’s legal foundation is weak, more restrictive barriers, frustrating testamentary trust system development in mainland China. To solve these problems, ensure the healthy development of our country law, will break through the Chinese inherent ideas, combining with theory and real life,gradually develop and perfect the study of the testamentary trust system.This paper will be divided into three parts:The first part, the case as a starting point, the testamentary trust system in our country and the necessity of the development background,and then respectively in the first and second quarters of China’s "law of succession" and "trust law" about the testamentary trust system existing problems. The second part is the main part of this paper, because our testamentary trust system is composed of the countries of Anglo American law system and other countries of the continental law system transplantation, therefore, this part of the foreign legislation experience of testamentary trust system is analyzed through the methods of comparative analysis, to sum up the inspiration of the testamentary trust system in china. In the countries of Anglo American law system and America chose Britain as representative, and the civil law countries chose Japan and France. The third part is the legislative design of testamentary trust system in our country, this part is mainly directed against thetestamentary trust system in our existing legal problems and the foreign legislation experience, constructs the testamentary trust system in china.