The Construction Of Testament Trust System In China

With the rapid development of economy,a large amount of social wealth has accumulated.More and more people pay attention to the inheritance of wealth.In recent years,succession disputes have been increasing.The traditional way of dealing with heritage has many disadvantages,such as complicated procedure,long time consuming and high tax cost.This makes people want to seek a more diversified way of inheritance.However,at present,there is no complete system of testamentary trust in our country,and the provisions of the trust law are relatively weak.In practice,there are some problems in the application of reference to the inheritance law.The imperfection of the system hinders the practical application of testamentary trust.To this end,it is an urgent problem for us to construct the testamentary trust system and meet the actual needs of the people.Therefore,based on the study of the basic theory of testamentary trust,this paper uses the method of comparative analysis to compare the difference between testamentary trust and other similar systems.It highlights the unique advantages of testamentary trust in inheritance.It also analyzes the necessity and feasibility of the construction of testamentary trust system from the perspectives of economy,system and culture.On the premise of satisfying the foundation of system construction,this paper analyzes the problems that may exist in the construction of testamentary trust system in China in the future based on practical cases,including the establishment and effectiveness of testamentary trust,property ownership,duration,application sequence and supervision mechanism.In order to find a solution to the above problems,the author comprehensively investigated the testamentary trust system of two major foreign legal systems.By absorbing foreign advanced legal system and combining with the domestic academic research,this paper puts forward a tentative plan for the construction of the testamentary trust system in China from three aspects: Legislative model,Legislative principle and Legislative suggestions.In order to promote the development of testamentary trust in China.