Research On The Trust Publicity System

Modern trust originated in the United Kingdom and the United States.Civil law countries saw the huge advantages of trust in property management and began to transplant trust systems.In China,the flexibility and certain legal avoidance function of the trust have made it develop rapidly in the field of financial and commercial affairs,and it has already become the second largest financial pillar after banks.However,compared with the rapid development of the trust industry in practice,the Trust Law has not been modified for nearly two decades.Many provisions are no longer suitable for the current status of China's trust development,and trust disclosure is one of them.The discussion on the ownership of trust property plays a guiding role in the theoretical exploration and system design of the trust disclosure system.Under the thinking of large civil law,it is clear that China currently adopts a flexible approach when dealing with the ownership of trust property,thereby establishing the function and effect of the trust publicity system to clarify the legal relationship between the parties to the trust.On the other hand,although the Trust Law evades the ownership of trust property,it adopts a flexible approach.It must also be clear that,in the legal relationship of trust,the trustee's management,disposition,and control of the trust property is not based on its legal property rights,but is derived from the agreement of the trust documents.The reason why China plays a pivotal role.The above two directions and prerequisites for theoretical research on trust disclosure are reflected in the following: first,it is clear that the ownership of trust property is not a problem to be solved by the Trust Law;The fact that the property is established as a trust is where the disclosure of the trust comes into play.Secondly,it is clear that the trust publicity is to maintain the security of the transaction and to protect the independence of the trust property.Pioneering trusts without publicity are incomplete.At present,the legislation on trust disclosure in China seems to have a meaning to explore the future path through practice.Therefore,the provisions are vague and empty,but this will inevitably lead to many problems in practice.The effectiveness of trust publicity also needs to be carefully examined.The effectiveness of publicity is not conducive to the role of the trust.The publicity against publicity should be established.The content of the trust disclosure constitutes the blood and flesh of the trust disclosure,not only the property itself,but the disclosure of the legal relationship within the trust is an important guarantee for the safety of the trust's external legal relationship.China's special limitation on trust property liability is also one of the reasons for the existence of trust disclosure.Trust publicity and real property publicity overlap but are used to solve different problems.Therefore,it is necessary to clarify the substance and logic errors of the existing legal provisions on trust registration publicity.Trust disclosure is a basic theoretical research.If the theoretical research deviates from practice,it will inevitably lose the significance of the research,as if there is no source of water,no tree of roots.The problems in practice of the imperfection of the trust publicity system are mainly reflected in the inability to register trusts with the trust parties due to the lawlessness of the registration department,which often occurs when trusts are established in the industry and commerce administration department.Although the trustee has already completed the trust registration with the trust registration agency,its publicity still cannot produce the due effect,which brings great risks to the security of transactions and leads to frequent disputes in practice.On the other hand,The publicity of money trust should also be paid attention to in practice.Based on the progress of theoretical research and the exploration of social practice,the improvement of trust disclosure is a problem that needs to be urgently solved.Registration is an effective means of publicity,and how to set up a registration agency needs to be properly arranged.Registration alone is not enough to meet actual needs,as it does not cover the scope of all trust property.Moreover,such as ordinary movable property,there are certain technical difficulties in the means of publicity,and other ways should be found.There are currently no laws and regulations on trust disclosure in China,so the legislative level also needs to introduce relevant regulations as soon as possible.The future of trust in China is very promising.The trust publicity system provides solid guarantee for the widespread use of trust in civil and commercial affairs,so that the trust can maximize its property management advantages in economic activities.