Research On The Basic Legal Issues Of Family Trusts

Family trusts are foreign products,It is the main tools for the transmission of family wealth,especially in the United Kingdom and the United States and offshore areas.The family trust system is also relatively complete.As a country where trusts are transplanted,family trusts have gradually emerged with the development of trusts.In2018,the CBRC defined family trust for the first time.Due to the differences in legal systems and environments between China and the United Kingdom and the United States,there are also many problems in the development of the family trust system.The United Kingdom and the United States pursue a dual ownership system for trust property.However,China is a traditional one-property-one-rights system,so there has been a lot of controversy in the ownership of the country.Legislators also have inconsistencies between the draft regulations in the process of promulgating the Trust Law.The provisions of the Trust Law are also ambiguous.Clarifying the ownership of trust property is also a core issue in the establishment of the family trust registration system and the supervisory system.This article takes the basic legal issues of family trust in China as a starting point,combines existing laws in China,and draws on the regulations of developed areas of family trust to find the theory and practice that are most suitable for the development of family trust in China,and promotes the development of family trust in China.