The Historical Evolution Of The Trust System And Its Modern Applications

Trust Law originates from England .The idea of the trust ,like other creations of Englishmen ,is one of the greatest and most distinctive achievements performed by Englishmen in the field of jurisprudence .This paper discusses the cause of the trust law throughout history ..illustrates a prosperous development in the continental law system ,which breaks through the barriers between the civil law system and the common law system and reveals the value of the trust law .The purpose of the whole paper is that our study of the history ,application and value should bring a enlightenment to the legislation of the trust in China .When author collects the concerned information ,she finds that Chinese mainland's scholars who study the trust law cite mostly the works of Taiwan's trust law ,which makes people feel that study of Taiwan's trust law has been more advanced than the mainland's .So ,the author also borrows the results of the study of Taiwan's trust law.This paper has two major parts .Apart from those ,there is an introduction which simply introduces various definitions and explanations given by the authorities in trust law .As a perspective ,the paper explores the history of the trust law .And there is a brief summary which points out the glorious future missions of China .The two major parts are as follows :Part one :the history of trust law in England .On top of the clue in the introduction ,author makes a exploration to the trust law in history .First ,views related to the cause of the trust law diverse .But the author agrees with the Use in Middle Ages ,cites concerned history materials and analyses in detail the cause of the. Use .Second ,the Use that went though a rough road deduces a Use upon a Use with protection of courts of Chancery and as a result ,establishes legal status of the trust .At last ,with the rapid development of capitalistic commercial economy ,the trust steps into an age of modern industrialized commercialization with a new posture and shows a strong life.Part two :modem application of the trust law .On top of the part aboveshowing a strong life ,the author discusses the intrinsic value of the trust law's design and analyses close relationship between trust ,personal freedom of economy and capitalism .The condition of capitalistic commercial economy increases the use of the trust .The author points out that successful application of trust law in Japan plays an important role that the "native" and the "exotic" can join successfully .The advanced application of the trust law in commerce in U. S such as "trust" reflects the extreme trend of the value of freedom .The study of the history and application of the trust law can certainly raises a question: How does China deal with it ?How does the law operate ?The Author hopes this paper would be enlightening.