Study On The Legal Issues Of Family Trust

Rich three generations not only occurred in ancient times,but also existed in modern times.However,three generations are rich,but this is not a universally applicable rule.Most families that have not declined due to the passage of three generations have a common characteristic: they all chose the family trust system as a tool for family business protection,management and inheritance.Family trusts have apparently been used maturely outside the domain and have achieved good results.With the rapid development of China's economy and the increase in high-net-worth users,the "rich generation" has gradually entered the sluggish world.The problems of management and inheritance of family wealth have been spurred on,which has led to high attention in various fields in China.The study of the family trust system legal issues has important theoretical and practical significance.This will provide strong theoretical support for the development of China's financial industry for the long-term development of our family trust.Not only can it have a positive effect on the development of family trusts and even the entire civil trust sector,but it can also have a positive impact and important value on China's social and economic development in macroeconomic terms.This article mainly uses normative research methods and comparative research methods in writing.It compares historical systems and similar systems in different countries from vertical and horizontal angles to find commonalities and distinguish differences.The first part of this article is an introduction.In this section,the author first explained the research background of this article,and summarized the development process,development speed,quantity,and wealth of high-net-worth households in ChinaIn the second part of this article,an overview of the family trust,the author first elaborated the origin of the trust.In the context of case analysis,the acts of the system are described: Property Succession function,isolation function,and tax planning function.The third part is about the status of family trust in our country and the dilemma of legal system.The author first elaborated the status quo of China's family trust.At present,domestic family trusts are still in the primary stage,and there are gaps in the corresponding institutional norms.The following is the legal system dilemma of China's family trust: The first problem is the existence of problems in China's family trust taxation system;the second problem is the failure of China's family trust registration system;the third problem is the ownership of China's family trust property.Finally,our family trust lacks unified supervision.The fourth part of this paper is the development and evaluation of the extraterritorial family trust system.The author expounds the development history of the extraterritorial family trust system and the legal basis of the extraterritorial family trust system.The characteristics of the family trust system of different countries and regions are compared in the form of forms: property attributes,subject attributes,publicity systems,and goodwill acquisition systems,which provide reference and reference for extraterritorial laws and regulations for solving the family trust legal problems in China..The fifth part of this article is the section of recommendations and measures.For the third part of the status quo of China's family trust and legal system dilemma,the author proposes several suggestions and measures to improve the family trust system in China.It is necessary to find out the major contradictions that need to be resolved at present and break them down.First of all,we need to clarify the ownership of the trust property;second,we need to establish a family trust property registration system so that we can better protect the interests of all parties.Next,we must establish a family trust-related taxation system in China,and transfer,income,use,and other links.All will involve taxation issues;in the end,we must improve our family trust supervision system.