Research On The Development Dilemma And Promotion Path Of China's Widow Trust Business

Testamentary trust refers to the compound legal action in which the decedent clearly establishes the meaning expression of the trust in his will in advance,and transfers all or part of this heritages to the trustee as the trust property, and after the death of the principal(decedent), in order the specific interests of the beneficiary and, the trustee manages and dispose the trust property in his own name. Testamentary trust business is a trust business in which trust practitioners aim to carry out testamentary trust.Modern testamentary trust business originated from Britain,and prevails in Britain, the United States,Japan and other countries.Thanks to the unique business design of Testamentary trust, the principal can realize delayed transfer of heritages,intergeneration transfer of heritages, finance investment of heritages,isolation of debt risk of heritages and other purposes.,effectively make up for the deficiency of inheritance,legacy and other methods of distributing traditional heritages,so it is generally favored by people.With the introduction and development of testamentary trust business in Japan, in addition to Anglo-American law countries,many civil law countries (including China) explore and discover the value of testamentary trust in succession,and try to carry out the testamentary trust business in practice.Our country promulgated the<Trust Law of the People’s Republic of China> in 2001,which affirms the testamentary trust industry from the perspective of legislation.However,the law is not perfect for the provisions of the testamentary trust,the development of the trust industry itself is not sufficient and relater supporting systems are not sound,resulting in that China’s testamentary trust business almost has not risen and developed yet after 10 years since the Trust Law was promulgated. Therefore, How to break the shackles of the reality in the development of China’s testamentary trust business in order to remove obstacles for the vigorous development of China’s testamentary trust business in the future has far-reaching theoretical and practical significance.This article is divided into five parts:The first part is the introduction of related theoretical bases,testamentary trust business evolves with the development of the testamentary trust,so the introduction of related concepts cannot leave the theoretical investigation on testamentary trust from the aspects of concepts, characteristics etc. In addition,it discusses the real necessity for developing testamentary trust in china on this basis;The second part is the study on the development of testamentary trust business at hone and abroad. The author focuses on studying the development contexts of testamentary trust business of Britain, the United States and Japan from the two dimensions of legislation and Trust Practice. And thus generalizes the universality and individuality of the testamentary trust of all countries,reveals the intrinsic motivation for the development of testamentary trust business,and makes a contrasting analysis of China’s realistic national conditions, and on this basis,the author believes that there is possibility for the development of testamentary trust business in China. Both the innovations and difficult points of this paper lie in this part;the third part and fourth part are the focus of this paper.The third part explores the development dilemma of China’s testamentary trust business,and through the theoretical analysis in the first part and the comparative study of the current situation of testamentary trust of all countries in the second part,the author views that the development dilemma of China’s testamentary trust mainly comes from the external conflict and internal insufficiency of the current legal system,the inadequacy in the development of China’s testamentary trust itself and the lack of related supporting systems,etc.The fourth part is the study of the promoting path of China’s testamentary trust business,and based on the development dilemma demonstrated in the third part,the author targetedly puts forward suggestions for improvement in order to provide some theoretical support for the development of China’s testamentary trust business;the fifth part is the conclusion.