On The Legal Attribution Of The Ownership Of Trust Property In China

Trust system is a unique property management system, because of its separation about ownership and management, the independence of the trust property and other characteristics, it has been widely adopted all over the world. Compared to other countries, the research of trust system in China starts late, it was not until 2001 that passed the first specialized legislation of the "Trust Law". However, This "Trust Law" is a contingency plan, and the attribution of ownership of the trust property is not clearly defined, so it has brought a great distress for the trust property right ownership and trust practice in China. The author finds out that the basis of trust property ownership rules are not clear through the legal analysis and the analysis of the specific provisions, and refer to the formulation of the trust property ownership in other countries, it is concluded that we must make clear the true ownership of the trust property.In this paper, according to the thought of "ask questions-analysis problem-problem solving", the author mainly adopts theoretical analysis, value analysis method and comparative analysis methods to keep on the research. Through analyzing the features and functions of the trust system, it is concluded that the trust system is an irreplaceable advantages, and refer to other countries, especially the system of the Anglo-American law system countries, it pointe out the direction of trust system in China. After expounding the legislative provisions in legal theory analysis, we find the shortage and then find a solution, put forward their own legislative proposals. This paper will be divided into four parts:The simple introduction about the definition, the concept of trust property trust and the characteristics in the first part shows the unique features of the trust system, then propose the different understandings of two legal ownership of the trust property to pave the way for the launch of the following content.The the second part is closely connected with the first part, firstly introduces the handling of the trust property ownership of Anglo-American law system-dual ownership and detailed analysis of the forming process of the development of trust system, then introduce several mainstreams and its advantages and disadvantages in the civil law countries when they transplanted the trust system.In the third part, the author will elaborate the lack of legislation through the rights and obligations of the parties and around the provisions of the "Trust Law" in China, and make a brief analysis of the reasons and the disadvantages to provide the basis for rational suggestions below.The fourth part, according to the analysis of the above, put forward the suggestion to perfect the ownership:1,analysis the ownership model of Anglo-American law system and the ownership model of the civil law system to find out their advantages and disadvantages.2, clear the ownership of the beneficiary of the trust property, and it can have the impact of "fixed point" to escort for the long-term development of the trust system; 3, weaken the trust rights of the client to better safeguard the interests of the beneficiary and ensure the realization of the purpose of the trust.