Research On The Improvement Of Testamentary Trust System In China

The will trust,is refers to the trustee to set up the trust by the will form,will pay the trust property to give the bailee,the bailee manages take own name according to the trust agreement stipulation as the beneficiary and punishes this property the civil behavior.The will trust is one kind of emerging property management form.The market economy flourished more and more daily has brought the rich wealth,emerged more and more many rich men,the existing property management way could not meet modern people's need,therefore the will trust has become the object which more and more many people studied.The will trust development history is very remote,simultaneously is still having very strongly "the vitality".The reason lies in,under the different social background,the will trust all can display its unique value function,also the people have the demand to its unique value function,this is other laws is very difficult to achieve.Uses the will trust in the developed European and American countries people to manage the property to become the habit,but also has mainland legal system countries and so on the Japan,Germany had many scholars to start to give to pay attention regarding this,also has yielded the very big result.But took in the world the biggest mainland legal system country,our country's will trust system and our country's economy level of development being incompatible with,in our country trust law only displays about the will trust stipulation in 13th,the Chinese trust educational world to the will trust system research relatively few.The author take this as a background,studies this system and puts forward the proposal,the paper divides into five parts.The first part introduced in our country economy fast development,completes the well-off society comprehensively,becomes the world second big economy under the background,the will trust is learned about gradually by the populace,not only has solved the problem for the people which other traditional property management way is unable to solve,but also causes the property management way to become is nimble,is convenient.The author has carried on the domestic and foreign method educational world to the will trust system related research the contrast.The domestic research present situation includes:Development will trust system feasibility and necessary question;Will trust system litigant;Will trust activation important document;Will trust property nature as well as to will trust system prospects for development expectation.The overseas research present situation includes the will trust the system connotation,the value as well as the will trust system frame three parts.The paper second part,author has first carried on the elaboration to the will trust connotation,afterwards is simple the will trust carries on with other correlation system the comparison,discovers the difference.In addition carries on the elaboration to the will trust origin and the legal structure,finally the unique function which has to the will trust carries on the elaboration.The paper third part,author from our country will trust system present situation obtaining,has analyzed the question which this system exists.In paper fourth part,author in order to enrich to the will trust system research,meanwhile in order to clear off the paper the mentality to elaborate outside the territory the will trust system present situation.The modern will trust system origins from England,British and American legal system countries and so on England,US has yielded the quite outstanding result in the will trust system,also had certain degree research results with our country close Japan.Our country consummation will trust system may the very good model two big legal system will trust system.The paper fifth part,author has first analyzed the will trust property system,has been clear about the property rights and male shows the system.Next,was revolving the will trust establishment and the effective condition has carried on the elaboration.Afterwards,elaborated the will trust change and the termination system.Finally,put forward the proposal to the consummation necessary legal regime.