Constructing The Will Trust System In Our Country

Modern trusts Origins in England ,as a result of its unequalled system superiority, it receives the the favor of all over the world, and is introduced and develops the consummation unceasingly in abundance by the various countries, becomes one worldwide basis system who melt the property management function and the financing function in a body. The will trust is one kind of the civil trust, it's history may be the most long, as early as in the Roman time there has the similar system design. It is loyal to the trustee's will, makes inheritance management plan for the ancestor, It has the obvious superiority in carrying out the will, the inheritance long-term management plan, avoiding the dispute of the inheritance and many other various aspects. It can remedy the will inheritance, grant and many other system's insufficiencies. Along with the high-speed development of our country's economy, the wealth owned by people is gradually increases, the inheritance question also arises. If we can traditional will inheritance, legacy and will trust, the inheritance plan will be more perfect. Terefore, it can be seen that the will trust in our country will certainly develop. But we cannot too be optimistic, there are very many questions also serious have hindered the will trust system development,in the same tima have restricted the entire trust industry's development, for instance tax revenue aspect, legal regime aspect and so on. How to solves these problems, create a broad development space for the trust system has become to a concern issue to scholar. Now, i want to put forward some proposals, I hope I can make my pygmy effort to the development of the will trusts in China.This article is divided into five parts:The first part is the history of the trust system and the development of will trust system in various countries. This part first introduces two viewpoints about the origin of the trust system.In my point,the trust system.The trust rootes from the use in England. I analyze the reason that the trust be produced at that time and the condition under which it can develop.But at the same time,I acknowledge the law thought about the trust in Rome cause profound influence to the modern trust system. Then, i introduce the development of the will trust syetem in the various countries, for example:England, US, Japan and so on. From the successful experience of Japan ,we can see that the will trust will have the broad prospects in China. The second part is about the fundamental rules of the will trust. First i introduce the concept and characteristic of the will trust. The will trust is a system about that how consignor specifies the method about managing his property by will.The essential features about the will trust contain mat the separation of the trust property rights and the usufruct, the independence of the trust property, the continuity of the management of the trust property and so on. Secondly, i introduce the important condition about going into effect of the will trust.I think expect for general principled stipulation of the trust system,the will trust must conform to some special demand,such as the different demand about the time when it goes into effect. Last, i introduce the difference between the will trust and other law system,such as gift, agency and so on. We can see the superiority from the comparison.The third part is about the necessity and the feasibility on constructing the will trust system in our country. The will trust system has some special functions,such as : it can bring convenience to people's lives and it can promote the development of the economy, so we can say it is necessy to constructthe will trust system. Second, i analyze the feasibility on constructing the will trust system in four aspects. The four aspects is that there are lots of property for us to arrang, the demand about guarantees price and the increment of the property have been intensely, there are many legal rules about the will trust, the study about the will trust is widely.All these will promote the development of the will trust.In the forth part i analyze the problem about constructing the will trust in China.The will system is a system that is transplanted from other country,it starts late in our country,so it have many hinder to its development,for example lacking of trust idea,some interrelated system having hinder.In the fifth part i put forward some advice about how to bring the will trust to completionthe in our country.First i point out some deficiencies about will trust system stipulation in "Trust Law" ,and put forward some advice Second i put forward some supporting reforms about other systems,such as tax system, accounting system and so on. Last i put forward some advice about how to popularize the trust idea and how to strengthen supervision.