A Study On Question Of Attribution Of Ownership Of The Trust Property

With the high-speed development of China’s financial industry, trust industry havesprung up, and the potential of the rapid development. On February13,2014, China’s trustindustry association announced by the end of the fourth quarter of2013the trust of thecompany’s main business data. In2013, according to China’s trust industry trust assets10.91trillion yuan, hit a record high, the trust assets become the banking, securities, insurance ofour country’s financial industry after the fourth pillar industries. Trust investment widelyattention of people, and become the preferred products.Trust originated from Roman law, after Britain created and developed based on Romethis property transfer, management, legal system, its trust, property, entrust markedcharacteristics. British jurist f. w. Maitland once said:"if someone wants to know, what is theBritish the most successful creation and contribution in the field of law, there is no doubt thatit is developed the trust concept for hundreds years. I believe that there is no better answerthan this." The trust property is the core content of the trust system, more in a core position inthe whole trust relationship, the ownership directly affects the rights and obligations of thecontracting parties. As a result, the clue of the trust property, the author starting from theconcept, characteristics and functions of the trust property, draw lessons from the legislativecharacteristics of two law systems and theoretical point of view, analyzes the research statusquo of the trust property ownership and the existing defects, finally put forward reasonablesuggestions to perfect our legislation of the trust.