Legal Dilemma And Countermeasures Of Localization Of Family Trust In China

Trust originated in the Middle Ages of the United Kingdom,as an effective property heritage and wealth management system,play a unique function.Family trust is the perfect combination of the productthe of trust system and family wealth management model,it is different from the business trust of the civil trust.Family trust can use the trust system to achieve the family and family wealth of heritage,property risk isolation,tax planning and other functions,but also with a high degree of privacy.Many entrepreneurs have already set up a family trust abroad,and through the family trust to hold the company shares,but our current laws and regulations in the family trust there are many gaps,the trust companies of providing family trust are basically in the form of ordinary contracts to establish trust relationship.China,respectively,promulgated the "Inheritance Law" and "Trust Law" in 1985 and 2001,so far the two laws have not made any changes,can not meet the changes in modern social environment,these two laws are in urgent need of modification.This paper mainly analyzes the defects of family trust system in our country from the relevant legal system of family trust in our country,and puts forward some suggestions in the light of the defects of related system,so as to promote the localization of family trust in our country.This paper first introduces the basic theory and system function of family trust,and then analyzes the related system of Anglo-American law system.Through the introduction of the successful case of family wealth in China,this paper explains the necessity and the direction of perfecting family trust system.Through the analysis of the legal system of family trust in our country,it is pointed out that the main obstacles to the establishment of family trust are: the trust registration system is flawed;the trustee’s obligation is not clear;the trust tax system is absent;the trust property of the trust property is not clear;Their own problems such as malpractice.This paper puts forward the concrete countermeasures to perfect and promote the family trust in China through the advantages of related system of Anglo-American law system: perfect the trustregistration system as soon as possible,clarify and refine the trustee’s trust;learn from the Anglo-American tax theory to solve the problem of repeated taxation in our country;Clarify the ownership of the ownership of the trust property;and the addition of a private trust to meet the needs set by the family trust.