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On The Perfection Of The Legal System Of Probate Trust In China

Posted on:2018-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2346330515995388Subject:Law
Abstract/Summary:PDF Full Text Request
The promised trust is an effective means of scientific management of wealth. It is a clever fusion of legal norms and economic planning. It is widely used in Anglo-American countries and has been developed in practice. With the development of the national economy and the increase in the income of the residents, the demand for the protection of property, the inheritance of wealth, the planning of inheritance tax and the reduction of inheritance disputes are increasing, and the legal design of the will trust system can play a huge The positive role.The development of China's trust industry started late. In 2001, China formally promulgated the "Trust Law". The contents of the letter of trust were simply involved. The application of the system in practice was difficult and difficult. At present, the contradiction between China's social and economic life on the growing demand for the development of the will trust and the lack of the Chinese will trust system has become increasingly fierce. Therefore, how to develop and perfect our country's will trust system and promote its extensive practice in practical work, Is particularly urgent. So why is the trial trust system in our country's practice in trouble? What is the construction and operation of the willful trust system? What is the current situation of the current trust system in our country and what obstacles exist? What are the ways to improve the will trust system in our country? This article will discuss the following aspects.This paper is divided into five parts:The first part summarizes the significance of the topic and research methods. In view of the contradiction between the market demand and the present situation of China 's will trust system, the necessity of perfecting our will trust system is put forward.The second part is based on the telegraphy in China, which also has huge market demand and broad prospects for development. The author analyzes the practical needs and advantages of the development of the will trust system in our country.The third part is an overview of the basic theory of China's will trust system. Through the conceptual definition of the will trust, a comprehensive understanding of the characteristics and connotations of the will trust, and from the basic legal elements of the will of the trust and the operation of the system in these two aspects of combing the basic structure of the trust system.In the fourth part, after the comprehensive understanding of the will trust system,combined with China's national conditions, from the concept of consciousness, the system itself and related policies and other aspects of superficial analysis of China's will trust system defects and problems.The fifth part begins with the study of the testimony system in the civil law system.Through the introduction of the development of the will trust system in Germany, Japan and Taiwan, the author analyzes the civil trust system in the civil law system. The revelation. In view of the shortcomings of China's will trust system, draw lessons from the experience and advanced practice of the civil law system of wills, put forward the suggestions and ideas of perfecting our will trust system.
Keywords/Search Tags:Promised trust, Will, Heritage Management
PDF Full Text Request
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