On The Legal Difficulties Faced By The Development Of Family Property Trust And Their Solutions

Arrangements for the implementation of two or two generations of consanguinity and affinity above the interests of all family property as the client will transfer its property or property rights to the trustee for the establishment of a trust property distribution trustee,this prerequisite is it in accordance with the principal intention,namely "family property trust".Family property trust was established to guarantee the close relatives of a certain quality of life,is to maintain the advanced promotion and training of future generations of family wealth,good character.Many experts and scholars in the legal and practical fields are optimistic about the prospect of family property trust.Since January 2013,China CITIC,peace,foreign trade,Beijing,Shanghai,Zijin 6 trust institutions to carry out the family property trust business,there are some institutions to carry out the public education for children,such as family property trust,this can be seen in China is also actively exploring the road of development of family property trust.The trust business of our family property at the beginning of a very short time,so there will be a lot of problems on the road ahead to actively explore and seek more family property trust mode and innovation,this model can make it the basic conditions in China and the requirements of the same,this kind of family property trust can develop better,faster progress.But the current law and regulatory inertia make it far less optimistic than imagined.The current legal difficulties faced by the family property trust business are reflected in the trust purpose,trust property,trustee and beneficiary in the legal norms dominated by the trust law.The vast majority of these legal difficulties are difficult to avoid or mitigate by means of trust documents.It is the theme of this article to analyze the legal difficulties faced by the family property trust and put forward the solution.Firstly,this paper introduces the background of the rise of family property trust,the status quo of the development of family property trust and foreign(Overseas)contrast,system environment needs the family property development trust(structural element analytical model and analysis of family property trust and trust system in China Association).Secondly,as a foundation,and then from the four aspects of the purpose of trust,trust property,the trustee,the beneficiary of the specific causes of family property trust,these causes are:family property trust,the concept is not clear to judge the trustee duty dilemma;property ownership problem of family property trust,the trust property registration law the tax registration process,the trust property;Legal Predicament of natural person as a trustee,legal person as the legal dilemma of trustee,trustee of his handling of the trust affairs obligations of the relevant legal difficulties,the trustee obligation of confidentiality related legal difficulties,the plight of the trust property limited liability law is not conducive to the trustee of the trust transaction;trustee and the beneficiary sharing rights related legal predicament,exclusive rights related legal beneficiary rights dilemma,benefit limit The legal dilemma of the system,the change of the right to benefit and the elimination of the legal dilemma.Then,from the three aspects of reform,updating the concept of trust law and tax law to explore the improvement of the system reform to break the constraints of family property trust development causes way,and then dig out the dilemma of legal restriction core family property trust(jus cogens character of China's "trust law")and the four outstanding problems(trust classification errors,fiduciary duty and the heavy burden and can not transfer,right of beneficiary is too wide and no restrictions,lack of supporting system).Finally,a comprehensive solution to the above problems is put forward.