The Difficulties Of Judicial Application Of Trust Law: Reasons And Institutional Solutions

The PRC Trust Law has been officially implemented in October 2001 for seventeen years,and its purpose is to provide basic norms for trust relations for "many problems in trust activities and other trust activities".However,the judicial practice of the trust law is still developing slowly,and the proportion of the cases of trust disputes is very small in all kinds of civil and commercial cases.The PRC Trust Law is formulated in order to regulate the trust relationship,should be in the trust disputes as the basic legal norms of judicial basis is suitable.However,there are very few cases in which the people's courts at all levels try the trust law as a basis for the trial of trust disputes.This is very rare and unusual for a department occupies an important position in the civil and commercial law system in the special law.However,there are few articles about the whole data analysis,the cause mining of various levels and the research of countermeasures.The PRC Trust Law legislative problems from the trust law was put on the legislative agenda has attracted enough attention to the academic community,academia,on how to make the call for revision of The PRC Trust Law is also the voice can be heard without end,but legislation is one of the important goals for the application,in order to better serve the judicial practice,so it is veryimportant.The Department has issued seventeen years of legal problems in judicial practice,is based on this background,the author focused its attention to "force the judicial application of trust law" a problem.The first chapter,the application of The PRC Trust Law under "trust dispute" cases,I have counted data on the application of trust law to trust disputes in judicial practice.It is concluded that the inertia thought of the contract law affects the judicial power of the trust law and its form of expression.The second chapter,the application of The PRC Trust Law under “non trust dispute" cases,I have an analysis of the application of the "trust law" in this case.At the same time,it summarizes the typical forms of disputes which should be recognized by the judiciary as trust,and illustrates the practical significance of the identification of these disputes as trust disputes by examples.In the third chapter,the reasons for the difficulties of judicial application of the trust law are analyzed.It sums up three reasons including the lack of trust law,the difficulty in identifying trust and the application of trust law after recognition.The fourth chapter makes some proposals for the solution of the judicial application of the trust law,which is mainly divided into two aspects.The first is how to modify the PRC Trust Law.And the second is how to improve the identification and the application of the trust law.