Research On The Perfection Of Testamentary Trust Legal System Under The Background Of Civil Code

With the increase of China’s private wealth and the deepening of the aging degree of the population,people’s demand for the intergenerational transmission of wealth is no longer a simple one-time distribution,but the arrangement and design of the corresponding legal system,so that wealth can play a greater role and be distributed in a more flexible and reasonable way.Testamentary trust combines the advantages of "trust" and "will" to meet the needs of family wealth intergenerational transmission.Although the Trust Law of the People’s Republic of China（hereinafter referred to as "Trust Law"）stipulated the testamentary trust system as early as 2001,the rules are relatively general,so the testamentary trust system in China is still in the exploratory stage.The imperfection of the system has greatly inhibited people’s willingness to use the testamentary trust system.The newly issued Civil Code of the People’s Republic of China（hereinafter referred to as the "Civil Code"）recognizes the establishment of testamentary trust by natural persons,which provides legal basis for testamentary trust in the civil law system and has a milestone significance for the development of testamentary trust.Therefore,with the promulgation of the Civil Code as an opportunity,it becomes more and more important to perfect the legal system of testamentary trust.This paper takes the perfection of testamentary trust legal system as the core and takes testamentary trust as the research orientation.Firstly,the basic theory of testamentary trust is expounded.The second part is to discuss the current situation of testamentary trust legislation and industry norms in China,and to sort out the shortcomings of China’s testamentary trust system from the three stages of establishment,operation and termination of testamentary trust.The third part analyzes the testator trust system outside the country,chooses the United States of Common law system and Japan of civil law system as the research object,summarizes the reference.Finally,according to the actual situation of our country,suggestions are put forward to improve the legal system of testator trust from the three stages of establishment,operation and termination.The research on the perfection of testamentary trust legal system is the concentrated embodiment of the principle of natural person’s property right and testamentary freedom in China,which is conducive to the manifestation of the legislative spirit and legal interest value of China’s Civil Code.