Research On Trust Registration System In China

Trust in the modern sense is a property management system originated from the common law system.In the process of transplanting the trust system,China has gone through a tortuous process of "localization" reform,and the trust registration system is an important supporting measure.However,since the “Trust Law” of China was promulgated in 2001,trust registration has been in an awkward situation of “having laws to follow but unable to operate”.Article 10 of China's “Trust Law” makes only a principle provision on this issue.But the effective principle of trust registration established in this provision is too strict,and the scope of trust registration property is not clearly defined,and the corresponding specific implementation rules and operation methods are not available,which cannot be connected with the traditional property registration system in China.Due to lack of systemic legal rule system practice cannot conduct real trust registration.Trust company commonly used non compliance,and even illegal alternative measures lead to trust there is a huge risk,this also leads to the formation of a trust market in China is given priority to with trust funds,the development of the management of property trust few unhealthy situation.The improvement of trust registration system needs to be solved urgently.On December 26,2016,China Trust Registration Co.,Ltd.was officially opened and established in Shanghai.This is China's first national-level trust registration institution,and a Chinese-style trust registration has begun.It is undeniable that China's trust registration work has made many breakthroughs,but it should be recognized that the Chinese-style trust registration led by China Trust Registration Co.,Ltd.is still different from the trust registration in the sense of property.To deepen the study of the trust registration system,we should explore its theoretical basis and significance.The two most important basic theories of trust registration system are the independence of trust property and the principle of trust publicity.The independence of trust property is the soul of the trust system under the civil law system.By protecting the independence of trust property,the flexibility of trust system can be realized to the greatest extent.Trust registration is the most important way of trust publicity.Its purpose is to inform the third party of trustee's scope of authority of the trust property by registering the fact that the trust has been established on the property,so as to clarify the independence of the property and achieve the purpose of balancing the interests of all parties.The trust itself has a strong comparative research attribute.In order to perfect the trust registration system,it is necessary to compare and analyze the characteristics of the trust registration system of the two legal systems,analyze the beneficial achievements,and explore the trust registration system which is connected with the traditional real right registration system in combination with the actual situation of our country.The effectiveness of trust registration is the core issue of trust registration.Through the comparative analysis of registration effectiveness doctrine and registration antagonism,and by drawing on the legislative experience of other countries,China should adopt registration antagonism,which will better balance the interests of all parties and stimulate the vitality of trust market.The object of trust registration has dual nature,including both the registration of trust property and the registration of trust legal relationship.The specific content of registration shall be based on the object.Finally,based on the comparison between the unified mode and the decentralized mode and the practice of China trust registration,a "one window,decentralized registration" scheme is proposed,which can promote the popularization of various types of property trust registration through simple and effective operations and promote the healthy development of the trust industry.