On The Bankruptcy Isolation Function Of Trust Property

As one of the most characteristic functions of the trust property system,the bankruptcy isolation function of the trust property is determined by the principle of independence of the trust property and its blocking effect.It not only realizes the independence of the trust property from the trustor and the trustee,but also balances the interests of the creditors of the trust parties.However,due to the great differences between legal cultures,the transplanted trust property system is not adapted to the situation.In the process of realizing the function of bankruptcy isolation of trust property,the disadvantages and deficiencies of the current law in China are obvious.Based on the basic theory of bankruptcy isolation system of trust property and the current legislative situation in China,this paper makes an in-depth discussion,and puts forward that "entrusted to" should be changed to "transferred to",It is clear that the ownership of the trust property belongs to the trustee,and the nature of the creditor's right of the beneficial right is confirmed in theory rather than in the statute law;Adopting registration antagonism,defining the scope of trust property registration and making the trust registration procedure independent;At the same time,we should strengthen the connection between the trust law and the personal bankruptcy system when the personal bankruptcy has not been legislated in China;In addition,the comprehensive regulation of malicious use of the bankruptcy isolation function of trust property is expected to be beneficial to the real realization of the bankruptcy isolation function of trust property in China.