| Given the significant role of trust in wealth management and economicdevelopment promotion, our country profited from parts of common law, transplantedtrust system from civil law countries and formulated ‘the Trust Law of PRC in2001,which marked the formation of the basic legal system of trust in china.The declaration of trust as a particular type of trust, undeniably, over the aspectsof personal property disposition, philanthropy development, social relationsadjustment and legal dilemma resolutions to the guarantee system of margin trading,The declaration of trust does have its own systematic advantages, in common lawcountries, especially Britain and the United States, have already had relatively maturetheoretical supports and legal practice, but it was not recognized in our country’s trustLaw under the consideration of many respects like the unity of our legal system, thereal value of the declaration of trust, the civil law countries’ generally conservativeattitude towards announcing trust of that period. However, some civil law countries’attitudes, in recent years, on the declaration of trust begun to loosen up. Japan, as aexample, acknowledged the legality of the declaration of trust in the year of2006under its modifications of trust law. The author think that it would hold greattheoretical and practical significances to energetically construct the declaration oftrust system in line with China’s national conditions and legal traditions. Therefore,the author conduct the study. This paper mainly includes the following respects:Chapter One: an introduction to the declaration of trust and its characteristicsand comparative analysis with secondary trust.Chapter Two: an introduction to recognition status on the declaration of trust oftwo law systems with respective analysis.Chapter Three: an exclusive interpretation on our country’s obstacles oflegislative recognition to the declaration of trust from theoretical and practicalaspects.Chapter Four: an elaboration to the construction of the declaration of trust in linewith China’s national conditions and legal traditions based on three aspects of rulessetting, beneficiaries’ benefit safeguard mechanism and creditors’ benefit safeguardmechanism. |
