The Reality Dilemmas And Solutions Of Chinese Family Trust Law

The current trust system was originated from 12 th century to 13 th century in the UK. The trust industry has become one of the pillar industries worldwide through hundreds of years evolvement. Among the myriad types of trust services, only family trust can reflect the original value of trust system. Moreover, it has unique influence on service institutions and target clients. Family trust has always been the oldest and the maturest service in the countries of well-established systems like Britain and America.Due to the influence of history and economy, trust has being the fledgling industry in recent two years in China. Ordinary people usually confine the concept of family trust to mere financial products. Therefore, there exists so many problems such as low recognition, lack of experience, law and theory. Accordingly, in order to find other solutions, this thesis generalizes and analyzes the current dilemma of family trust law, based on the basic theory and development.The thesis consists of preface, reference, body and conclusion. And the body is made up of four parts.The first part aims at eliminating the misunderstanding of family trust by briefing and analyzing the key theory. Through that, the basic law system of solving current dilemma of family trust can be enacted. The underlying values of family trust are so overwhelming that these values are mixed up with other concepts. According to the basic theory of trust law system, this thesis analyzes the essential characters of family trust. Moreover, it uses structural functionalism to objectively analyze the endogenic function of family trust to reveal the unique system values and development meanings.In the second part, the author mainly analyzes the current dilemma of family trust law system in present development based on summary and analysis. The dilemmas confronted by family trust law system can be divided into two parts, namely theoretical and protocol ones. The theory dilemma talks about the root causes of family trust problems, and its macroscopical systems are still in a controversial state. All of them limit the research of family trust theory and make the implement of the family trust harder to solve indirectly. The protocol dilemma talks about the deficiency of family trust la,trust law's ambiguous opinions about the ownership, the partial trust relationships between obligations and rights, the unsound law of the family trust registration system and its relative tax law system. All of these problems limited family trust's development in our country.The third part talks about the dilemma solution of family trust system and then analyzes and proves these existed theories one by one. The family trust has the call for its originality and basics. The improvement of the family trust law can not get rid of basic trust law. The values on family trust law should discard the binary traditional thinking. In order to guide the trust market and reserve the space to develop freely, the law system need to constitute a reconcilable value. The high speed of development and revolution is an unstoppable trend. Moreover, it is also a unique challenge and opportunity. All of them need some changes in family trust system and domestic revolution.The fourth part illustrates the research on dilemma solution of family trust law system. After that, It is followed by raising a primary solution. In order to promote the development of family trust, the right of trust property ownership is given to the trustee with a series of regulations on relief and obligations. To balance the rights and obligations between the trust litigants, the trend and direction, especially for family trust, should be taken into consideration. Family trust needs its suited trust registration system. The precise procedures and protocol may alleviate or even solve the intense conflict between trust registration publication and family trust privacy.The improvement of trust tax system lies in the standardization between the subject and object. To achieve the system balance, the detailed constitution should be based on its different situations about the subject and object.