The Legal Dilemma Of Family Trust In China

Since 2018,the global political and economic situation has changed dramatically,and China’s economic environment has also faced unprecedented challenges in recent years.In the baptism of market turbulence,Chinese high net worth individuals have further deepened their recognition of the necessity of ensuring the safety of wealth and implementing the arrangement of wealth inheritance,which has directly promoted the emergence of China’s family trust industry.It is under this background that family trust takes root in China and develops gradually.In developed countries and regions where trust is fully developed,family trust has developed into an important tool for property protection and inheritance.However,in China,due to the different ownership system and trust registration and tax system from the common law system,the trust registration and tax system are not yet perfect.It is difficult to give full play to the big advantage that family trust can put various types of property into the trust,which is different from ordinary business trust.The first part of this paper mainly outlines the concept,historical background and constituent elements of the family trust system,summarizes its legal characteristics that are different from other trusts,and carries out a preliminary understanding of the concept of family trust,which provides a basic theoretical basis for the discussion below.The second part to our country "the family trust first case" and the design of simulation cases as the background,according to the time before the order is divided into three parts,after the family trust set up the analysis of each stage of the problems,summarizing the development present situation and problems of the family trust legislation in our country,the incompleteness of the legal system are discussed.Family trust legal system in China at present the main problems with family trust property ownership is not clear,lack of trust property transfer of registration system,the relevant tax system is not perfect,the trust supervisor system of the family,as well as in the "family trusts execution objection to the first case" to the family trust property whether as the subject matter of the dispute.The third part mainly elaborates the characteristics and experience of the development of family trusts outside the territory,which is divided into two major legal systems,the common law system and the civil law system.From the development background and characteristics of family trusts in different countries and regions,the development of family trusts is evaluated and summarized.The last part is according to the family trust legal challenge in China put forward to solve the path of the vision,specific to identify the trust property ownership and determine the tax registration authorities,the differences in trust,increase the trust supervisor system of the family and so on,finally in order to further perfect our family trust legal system,puts forward the author’s ideas.