The Study Of Litigation Trust

The litigation trust is a kind of activity that the trustor transfers his substantiverights and corresponding procedural rights to the trustee and the trustee bring alawsuit as the part of the case, but the benefits brought from the litigation will beattributing to the beneficiary. It is combined with the qualified litigant theory ofprocedural law and trust of substantive law, it can expand the parties and soften therigid pattern of litigation. The difficulty is that some countries like Japan, Korea,China including Taiwan area choose the negative attitude on litigation trust and acceptit only under special circumstances. In recent years, there are many academic argueson the justification of litigation trust. The article aims to clarify the denotation andconnotation of the litigation trust, to study the foreign legislation and judicial practiceof litigation trust, to demonstrate the justification of litigation trust, and to do somebenefits to the development of litigation trust in China.Except the preface and conclusion, the article is divided into four chapters.Chapter One mainly discusses the definition of litigation trust, and thedifferences between litigation trust and related concepts, also the basic characteristicsof litigation trust. First, there are three points of view on the definition of litigationtrust, author will discuss the three views and redefine the litigation trust. Then, authorwill clarify the differences between litigation trust and related concepts such aslitigation take-on and litigation surrogate. Last, author will discuss the basiccharacteristics of litigation trust. Chapter Two introduce the basic concepts of litigant theory. Litigation trust isthe method to expand the parties. The article will discuss the theoretical basis oftrustee as the proper party based on the clarification of some foundation concepts.Chapter Three mainly study the foreign legislation and judicial practice oflitigation trust. Litigation trust is illegal in the trust law of Japan but there are a lot ofcontroversy about this clause. As a method to realize the right, litigation trust isacceptable in the judicial practice. Trust law of Taiwan learned a lot from Japan andalso chose the negative attitude on trust law. Organization litigation of Germany isabout prohibitory injunction, but it is beyond the prohibitory injunction in otherEuropean countries. The article argues that the basic of the trustee’s suit right islitigation trust.Chapter Four mainly prospects the future of the litigation trust system in ourcountry. In Subchapter One, the author analysis the situation of litigation trust in ourcountry. Litigation trust is illegal in trust law but it plays an important role in the fieldof copyright protection and other fields. In subchapter Two, the author willdemonstrate the validity of litigation trust. On one hand is to rebut the statements ofprohibition of litigation trust and on the other hand is to demonstrate its own value. Insubchapter Three, author will propose the limited and constitutive requirement oflitigation trust. In subchapter four, author analysis the private interest litigation trustand public interest litigation trust in our country. Because of unsound legal conditionsand non-standard trust market, we should treat private interest litigation with greatcare. The public interest litigation trust should be cultivated and developed for itsgreat value in protecting public interest.