Research On Legal Issues Of Family Trust In China

Family Trust in China still in the beginning stage,and it encountered many unique problems in our country.The most fundamental reason is that our Family Trust legal system is out of practice.Along with the promulgation and implementation of "the PRC Trust Law",the trust system is established in the legislation form in our country.But the lack of legal prediction limits development of Family Trust in China to some extent.This article combined with "the PRC Trust Law" and the problems in the Development of Family Trust for an in-depth study.The article put forward some feasible suggestions with the purpose of developing the Family Trust in China.This paper consists of four parts:The first part introduces the concept,legal qualitative,feature and institutional advantage of Family Trust.This part provides the theoretical basis for the following discussion.The second part discusses the development situation of Family Trust in China and summarizes four difficulties: the unclear ownership of trust property,the lack of Family Trust supervisor system,the tax system chaos,and the lack of Family Trust registration system.The third part elaborates the profile of Family Trust between the civil law countries and the common law countries.This part focus on the analysis from three aspects: the property of trust estate,subject characteristics,transaction security,in order to provide references from other countries’ law.The last part puts forward four suggestions on the development of our Family Trust system.First,clear the ownership of Family Trust property.Next,build Family Trust supervisor system.Third,improve the Family Trust tax system to ensure that the tax burden is fair and reasonable.At last,improve the Family Trust registration system,expand the object of Family Trust registration at the same time.