Research On Legal Issues Of Family Trust System In China

Family trust system originated in medieval England,its history was so long even earlier than the creation of contract law. Family trust is a specific kind of trust, the main object of which is inheritance of family wealth and it normally uses family property as trust property. As a kind of trust, family trust shall be governed by trust law and related laws and regulations. Family trust reflects the extended use of trust law in the field of wealth planning and management.China's economy has obtained remarkable speed of development and achievement,wealth accumulated and lots of billionaires emerged during the high-speed developing period, including many private entrepreneurs. The rich will inevitably face issues of accumulating and planning wealth, family trust is the master of wealth management is introduced into the mainland of China as an irresistible trend.In the first part, introducing briefly the origin and development of family trust, analyzing and researching concept and legal relationship of family trust, accomplishing the premise theory research of family trust. In the second part, through a brief introduction to legislative actuality of family trust legislation in our country, affirming the legal basis of family trust, analyzing the problems of family trust in our country from the system level and social level. In the third part, in view of the problems of family trust system in our country, through the comparative analysis method, the advanced systems in the U.S. and Japan,a successful family trust system are learned to solve the problems. In the fourth part, through putting forward the necessity and feasibility of building family trust in our country, I put forward suggestions about setting up family trust system from the legal level and social level in our country.