A Study On Trust Registration System In China

Trust is one of the greatest creations of equity law. It originates the Common Law System, gets innovation and development in the Civil Law System country. Yet it must have conflicts with the traditional civil law theories. So, the Civil Law countries created the independence of the trust property, and carried through in the trust law. This is the nature of the trust in the Civil Law System country. At the same time, in order to protect the independence of the trust property and maintain stable trade, the Civil Law System countries establish the Trust Registration system. This dissertation summarizes the basic theories of the trust registration system and studies the value of this system. Basing on the research on the relevant legislation of current legal system as well as the practices in China, it sets forth some constructive advices to make up those deficiencies of legislation in China. This dissertation contains three parts:Part One makes the relationship between the trust registration system and the independence of the trust property. First, I introduce the concept of the independence of the trust property and trust registration system. Then, I will give you a standpoint that the purpose of the trust registration system is protecting the independence of the trust property.Part Two represents and comments on the trust registration system in common law system and civil law system. This dissertation takes Britain, USA, Japan and Taiwan, the typical representatives, By analyzing and summarizing these countries and district legislation about trust registration, I will reveal that what should we learn the spirit of the legislation and principle from these countries and district.Part Three is to study the status of the trust registration system. This part of the main analysis of the current status of the trust registration system, although the current trust registration system basis of the lawt, but can not operate in a specific system design, there are many problems, such as trust registered institutions are not clear, trust registration entry into force of provisions too strict doctrine and so on.Part Four is about the specific designation of the trust registration system . By analyzing the lack of the trust registration system, I suggest to establish the system based on the feasibility analysis and design a specific trust registration system. We have established the STRC; maybe, we can establish a relatively unified body of registered trust property.