On Evasion And Trust

The trust or fiduciary systems were originally from the human behavior of risk avoidance or evasion particular to the wealth protection. Such human nature is regardless jurisdiction or law system but regard as well as basic instinct.This paper I examine the closed relationship between avoidance or evasion and trust. My argument goes to the absorption of trust system which was imported to our law system as ignorance of such spirit or gene.The purpose of this study is to discuss the relationship between“Evasion”and“Law of Trust”, which is also extended to a concern as“Avoid or To Be Avoided”as general human being.The first chapter I discuss such“evasion”and“anti-evasion”which exist in human daily activities. They are also set in those trust schemes through some aspects by being treated as a task.To tolerate the evasion is not only the key spirit of organic growth of the English Law, but also making the law system keeping up-to-date status. I discuss such phenomena in second chapter by covering such as Game Theory, some economical approaches and jurisprudence.Third chapter I explore some positive way to examine the value of the evasion in the trust system development.Equity system is the genius in the trust system even entire Anglo-American Law system by acting as a role of checking and balancing. I try finding the spiritual alike in Chinese culture and tradition that mixes and matches for our law system enhancement.My conclusion is that making non-classification which will make law developing smoothly and healthy, particular to the law which involves property and wealth. It is better to make reference from Common Law system by examining its tradition. This paper I take the way of research by mixing up property law of Common Law system and evasion as human nature。It also integrates Equity and Chinese culture and traditional value, by quoting some examples and cases as proving the traditional Chinese can benefit from the trust system.Taking consolidation to our trust law system and making it possible are both ways that such system may come across not only a product or an ACT but also a system that fits to our custom and legal body.The dilemma of the classification of law is the way to deal with the globalization economic and borderless business environment. The breakthrough of this paper is encouraging the law, particular to the trust system and Trust Law, development as regardless the classification of law and regard the custom, experience and reality more. I am sure such conclusion that makes more protection to the private property which is the foundation of the modern economic and law system.