Research On The Testamentary Trust System In China

As a kind of legal tool that has existed for hundreds of years in the world,trust has experienced years of tempering since its birth,which can be said to gather the high wisdom of human beings.The testamentary trust can best reflect the original essence of "trust" based on people's diversified needs for intergenerational inheritance.Testamentary trust is a kind of trust established in the form of a will,which trusts part or all of the testator's property to the trustee for a specific purpose or to the beneficiary after the testator's death.Testamentary trust is widely used in the developed countries and regions in the world because of its advantages,such as flexible implementation of the will of the testator,effective management of property preservation and appreciation,isolation of debt disputes,avoidance of inheritance disputes.In the trust law of the people's Republic of China,which was implemented in 2001,testamentary trust was written into the article for the first time,which recognized the legitimacy of testamentary trust and laid a legal foundation for the development of testamentary trust in China.However.in the past 20 years,the development of testamentary trust business in China has hardly improved,which is very out of line with the potential social needs in the context of the current prosperity of the country and the strong people.Therefore,it is necessary to find and break the shackles of the rise of testamentary trust in China from the two dimensions,including the existing trust legal system design,the development of the Testamentary trust business and industry.The article has been divided into 5 parts:The first part is the introductory theory part which is also a general introduction of testamentary trust in China.Taking the actual trial cases in China as an example,this paper elaborates the research background and significance of this paper,introduces the relevant research situation at home and abroad,and clarifies the research methods and research ideas in this part.The second part is an overview of the theory of testamentary trust system.This part mainly introduces the origin of testamentary trust system and makes clear the concept and characteristics of testamentary trust system,and compares it with the similar or similar legal concepts such as testamentary inheritance,execution,principal-agent,commission,highlighting the nature and attributes of testamentary trust,so as to show its internal advantages.The third part is a detailed introduction of testamentary trust system and industry development in the above-mentioned typical countries and regions,taking the common law system and civil law system as the categories and the United Kingdom,the United States,Japan and Taiwan as the representatives,in order to reflect on the deficiencies of China's testamentary trust system and industry development on this basis.The fourth part is to discuss the current situation of testamentary trust system and industry development in detail,and on this basis,it points out the problems existing in the current testamentary trust system and industry development in China.The legal system level includes:establishment,effectiveness,registration of trust property,ownership of trust property,duration of testamentary trust,supervision of testamentary trust The problems of the development of testamentary trust industry mainly lie in the lack of supporting tax system,the absence of trust industry competent departments and self-discipline associations.The fifth part is to put forward suggestions for the improvement of testamentary trust system and industry development.The key is to resolve some of the existing conflicts in trust law,make up the parts that are still missing.In addition,we should implement the "principle of substantial taxation" in tax law,advocate the collection of inheritance tax as soon as possible,and emphasize the supervision and service functions of competent departments and industry associations.In addition,gives the direction of improvement in the aspects of the sound credit system,the construction of professional employees,and the promotion of business innovation ability,in order to contribute to the overall construction and development of China's testamentary trust system.