Research On The Legal System Of Family Trust In China

Trust originates from the "utility system" in the Britain.As a form of trust,family trust is a trust tool that focuses on family wealth protection,management and inheritance purposes.Family trusts,through their clever structural arrangements,can help the settlor to withstand the risks encountered by the family property or family business in inheritance,marriage,and business operations.The unique functions of family trusts in caring for the family,protecting the safety of family property,continuation of the family business and tax planning,especially the unparalleled privacy and flexibility of family trusts,make it superior to other wealth inheritance methods.With the growth of domestic economy and the amass of social wealth,the quantity and quality of China’s rich population are rapid development.As the age of rich people are getting old,they critical need a batter tool to inherit there fortune.In addition,China’s trust industry is also exploring new business models and business transformation.In order to solve these two problems,family trust is widely concerned in our country at present,but at present,the laws,regulations and supporting systems of family trust are in an imperfect state,and there is not enough sufficient legal guarantee,which hinders the growth of family trust.This thesis summarizes the legal problems faced in the development of family trust in China,and puts forward some solutions by drawing lessons from foreign experience,combining the present situation of trust system and the substantive needs of the development of family trust in China.The thesis consists of four parts:In the first part,this thesis defines the concept and legal position of family trust,and combs the functions and institutional advantages of the family trust,reflects the uniqueness and superiority of the family trust,this part distinguishes the family trust from other trusts by definition and positioning,and provides theoretical support for the following targeted questions.The second part,clarifies the legal elements of family trust.Combined with the general regulation of the Trust Law and the analysis of the requirements of the family trust in the No.37 issued by the CBRC,defines the two main ways of establishing family trust,the scope of family trust,the requirements of trust property and the purpose of establishing family trust.The third part,elaborates the legal problems existing in the development of family trust in China,and summarizes three obstacles,which are mainly reflected in the registration system require to be improved,the blank system of family trust protector system and the lack of continuous beneficiary provision.The fourth part,based on the mature experience abroad,combined with the existing provisions of the trust law and the real needs of the development of family trust,seeks the path for the improvement of family trust law in China,and puts forward some reasonable suggestions for the improvement of family trust related regulation.