Family Trust Legal System Research In China

In recent years,with the development of China's economy,the improvement of the people's income level,the increasing of wealth accumulation,how to make the design of the wealth inheritance system become more reasonable is more and more urgent.The family trust system,as a support of modern wealth inheritance of the trust system,because its property heritance,risk aversion,confidentiality of information and tax avoidance functions have made rapid development.Ping an Trust introduced the Family Trust System in China in 2012.The main contents of this paper are as follows: Firstly,the concept,characteristics and functions of the family trust are summarized.Based on the analysis of the research status of the family trust,the concept,characteristics and functions of the family trust are extracted,and the development of China's trust industry is introduced,and the development of family trust business in China is also pointed out.Secondly,this paper introduces the development process,current situation and the characteristics of the family trust system in the Britain,America,Japan and Taiwan,china.So as to draw the excellent lessons from the foreign countries,which can provide a strong theoretical and practical experience for the development of the family trust in our country.Thirdly,the author puts forward some legal problems of the family trust system in our country.Based on the analysis of the present situation of the legislation of the family trust development in our country,it is found that the ownership of the family trust property is vague,the registration system needs to be improved,the family trust is a single type of property,the unreasonable distribution of rights and the obligations of family trust trustee.Confidentiality and other conflicts of law and other legal issues.Finally,based on the existing problems and shortcomings of the legal system of the family trust in our country,the author puts forward some suggestions,including: clear the ownership of the trust property,improve the family trust registration system,increase the family trust property type,balance the rights and obligations of the trustee as well as a reasonable set of trustee's duty of confidentiality.Making the family trust system more suitable to our national conditions and legal system.Due to the time of the family trust in China is very short,the family trust system is stillin the beginning stage.The development of family trust and related research are not sufficient,the domestic law on the trust is not perfect.The development of the family trust system will still face a lot of problems,Needing the better system construction and rich practice to solve.in order to seek a better development of the family trust system in China.At the same time,the establishment of family trust system in China is also conducive to maintaining the stability of the domestic financial assets,avoiding excessive flow of funds abroad,so that this part of the funds can contribute to the economic construction in our country's financial market.