Research On Legal Problems Of China's Family Trust System

The modern trust system originated in England from the 12 th to the 13 th century,and trust development is now relatively mature abroad.The advantage of a family trust is to promote the value-added and inheritance of high-net-worth people.In countries where the Anglo-American legal system is more mature,the family trust has always been one of the trust business types with the longest history of trust business and the highest degree of trust business maturity.Due to various factors,the development of family trusts in our country started relatively late.The depth of understanding of family trusts is not enough,and family trusts are the scope of general trust wealth management products.Family trust currently lacks a vast market in China,and there are not enough rules for industry operation experience,and there is a lack of relevant laws and regulations and theoretical research.Therefore,on the basis of the basic theory and development practice of family trust,this paper focuses on summarizing and analyzing the practical difficulties faced by the family trust legal system and proposes solutions to the problems.The full text is divided into three parts: introduction,text and conclusion.The text is divided into four chapters:The first chapter mainly contrasts the concept of family trust,expounds the development origin of family trust,examines the basic characteristics of family trust under the framework of the basic principles of trust legal system,and analyzes the function and value of family trust and its development.significance.The second chapter mainly expounds the possibility of the development of family trust system in our country from the aspects of legislation,etc.The “Property Law”,“Contract Law” and “Trust Law” lay the foundation for the development of the family trust system.The third chapter focuses on the difficulties faced by the family trust legal system in our country's development,and analyzes and demonstrates the existing problems.In terms of the legal system,the family trust system needs to establish a value network of coordination and communion.The main problems faced by family trusts in our country are the narrow range of family trust trustees,the ambiguity of the trust law's attribution of trust property,the unbalanced status of rights and obligations between parties to the trust legal relationship,and the trust registration system adapted to the characteristics of family trusts.The lack of state and the incompleteness of the relevant tax laws and regulations have made it difficult for the family trust to develop in China.The fourth chapter conducts a detailed study on the cracking of the legal difficulties of the family trust legal system,and proposes preliminary solutions.Breaking through the theoretical dilemma of the family trust legal system in turn,the theoretical problems that existed one by one were analyzed and demonstrated.China's high-speed social development and transformation are both an irresistible trend and a challenge and an opportunity.Meeting opportunities and challenges requires a proper combination of the transformation of the family trust system and local social transformation.The attribution of the ownership of the trust property to the trustee,supplemented by a series of perfect and strict norms of power exercise,relief and obligation,is the feasible way to straighten out the internal mechanism of the trust law system in China and promote the development of the family trust.Balancing the distribution of rights and obligations between the parties to the trust needs to consider the trends and directions of the development of modern trusts,and the balance of demands for family trusts is obviously stronger.Family trusts need a trust registration system that is compatible with their own characteristics.The clarification of the procedures and the scientific design of rules can ease or even solve the fierce conflicts between trust registration publicity and family trust privacy.The key to the improvement of the trust tax system lies in the standardization of taxation subjects and objects.The specific design of the tax system can only be distinguished based on different situations of the subject and the object in order to achieve a scientific and rational system balance.