Research On China's Will Trust System

The will trust system was born out of the ancient Roman heritage trust system and developed a trust system that flourished in the United Kingdom.The will trust system was introduced by many Anglo-American legal systems countries and civil law countries because of its institutional superiority,and was incorporated into the domestic legal system through legislation.As a wealth inheritance tool superior to the traditional inheritance system,the will trust system is widely used in Taiwan and Hong Kong.However,China's mainland region is still not perfect for its legislation.Because it is difficult to meet the needs of modern people's wealth inheritance,China's current 1986 Inheritance Law is called the inheritance law of the poor.On the occasion of the comprehensive formulation of the various articles of the Civil Code of China,in order to meet the diverse inheritance needs of contemporary people,the author intends to conduct in-depth research on the defects of the Chinese trust system and the improvement of legislation.This article is divided into four parts:The first part is an overview of the will trust system.This part mainly introduces the origin and development of the will trust system from the two aspects of the ancient Roman heritage trust and the British trust system.It defines the concept and nature of the will trust,and determines the will trust by comparing the will trust system with other systems.The second part is the investigation and evaluation of the legislative case of the will trust system.This part mainly examines the legislative model of the will trust system in Japan,the United States and the civil law system in the Anglo-American legal system,the determination of the will trust act,the effective rules of the will trust act,the will trust property transfer and publicity,The specific practices of the trustee's selection of the trustee and the duration of the will trust system,combined with the legislative characteristics and background of different countries,are intended to provide reference for the legislative improvement of the Chinese trust system.The third part is the analysis of the legislative status and defects of China's will trust system.This part mainly understands the legislative status of China's will trust system from the legislative background of China's current "Trust Law" and the relevant provisions of the Trust Law on the Will Trust.By analyzing the conflicts between China's current will trust system in the "Trust Law","Property Law" and "Inheritance Law" and other relevant norms,the main problems existing in China's will trust system are revealed.The fourth part is about the improvement of the legislation of the trust system in China.On the one hand,this part discusses the necessity of perfecting China's will trust system from the aspects of analyzing the inheritance needs of the contemporary people in China,the system function of the will trust,the introduction of the inheritance tax,and the legislative status of the current trust law on the will trust system.On the other hand,the legislative framework is perfected from the macro-architecture and concrete structure of China's will trust system.The macro-architecture is mainly about the legislative model of the will trust system and the legislative concept of the will trust system.The specific structure is for China.The defects of the will trust system were specifically improved.