On The Legal Regulation Of Family Trust

Family trust means that the trustee entrusts the assets to the trust company or individual,and the trust company nominally owns the ownership of the family trust property.The beneficiary is appointed by the trustor,and the beneficiary can enjoy the beneficial right but not the ownership within the scope of the family trust property.One of the functions of a family trust is to satisfy the trustee's desire to arrange his wealth freely.Family trust can play a great role in the inheritance of family wealth,tax planning and management of family affairs.In the field of trust,both legislation and practice have been relatively improved in western developed countries.Some foreign families with a history of 100 years,such as the Rockefeller family,realize the inheritance of family wealth through the family trust system.With the development of China's market economy and the increase of residents' wealth,the family trust business in China shows a booming trend.The development of family business has played an important role in the economic development of our country.Compared with the western developed countries such as Britain and the United States,the development of family trust in China started relatively late,and there are still many defects in the relevant laws and regulations in the legislative regulation of family trust.The existence of these problems also leads to the relatively slow development of family trust in China.Therefore,on the basis of the research on the development and current situation of family trust in China,this paper summarizes the predicament of family trust legal system in China at the present stage,forms some basic schemes of family trust legislation in China,and further puts forward the corresponding countermeasures.Vigorously promoting the development and improvement of China's family trust business can not only fill some gaps in China's family trust legislation,but also have important value for the transformation and development of China's family trust.Improving the domestic legal system of family trust is conducive to providing a relatively stable legal environment for Chinesefamily trust.On the basis of studying the existing mature foreign legal system,this paper aims to realize the localization of domestic family trust.From the legislative point of view,China's trust law was promulgated in 2001,but in the process of operation,the supporting legislation with the trust law has been relatively lagging behind.Family trust is applicable to the general provisions of the trust law,but the general provisions of China's trust law are divorced from practice and lack of corresponding supporting implementation mechanism.If the regulation of ownership of family trust property is not clear,the family trust property registration system is missing.The tax law system is not perfect enough.From the perspective of the research status,although the theoretical circle has conducted in-depth research on the legal system of family trust,the authoritative works on family trust are almost blank.Compared with western countries,China's family trust is still in its infancy in both theoretical and practical development.For example,the depth and breadth of theoretical research on family trust are insufficient,the research conclusions tend to be homogenized,and the theoretical research is disconnected from the development of practice.In China,there are still some restrictions on the legal system of family trust in the relevant legislative field,and these restrictions also restrict the development of family trust in China to a certain extent.At present,the development of family trust is still in its infancy.On the basis of studying the legislation and practice of family trust in China and analyzing the development and current situation of family trust in China,this paper summarizes some problems in the development of family trust in China.The corresponding countermeasures are put forward.On the basis of the theoretical research and practical development of foreign countries,we should gradually improve the legislative research in the field of national trust and vigorously promote the development of China's family trust business,which is of great significance to the development and transformation of China's trust industry.Through the research of this paper,I hope to promote the progress of family trust legislation in China,so as to contribute to the development and growth of family trust business in China,and try to put forward some Suggestions at the legal system level.The main content of the research is divided into four parts.The first part is the history of family trust.This paper discusses the origin,development and present situation of family trust at home and abroad and the development prospect of family trust.The second part introduces the legislation and practice of family trust abroad.This paper mainly introduces the family trust legislation and practice in the United Kingdom and the United States.The third part analyzes the legislative problems of family trust and the existing problems in practice.In the article,I wrote that the legislation of family trust in China is not perfect,and there are problems in the tax law system.The fourth part is on this basis,put forward our country family trust legal countermeasures and family trust supervision system Suggestions.