The Research On The Conflict And Balance Of Interest Between The Beneficiary And The Creditor Of Trustor

Since the emergence of the trust system,how to maintain the balance of interests between beneficiaries and principal creditors has always been a serious issue.However,until now,domestic scholars has lacked in-depth research on the balance of interests between beneficiaries and creditors of the trustors.Therefore,this thesis points out the original purpose of the trust system through a review of the historical origin of the trust system,and then exposes the root cause of the conflict of interest between the beneficiaries and the creditors of trustor in the trust legal relationship.Then,under the guidance of the basic idea of interest balance,this thesis discusses the special mechanism of balancing the interests between the two parties based on the right of revocation.After that,considering for different types of trusts,the question of how to balance the interests accurately with the help of the aboved mechanism in those different situations is discussed.Finally,some corresponding improvement suggestions to the amendment of the Trust Law of PRC have been proposed by referring to relevant foreign laws and innovative thinking.