On The Legal Environment And System Improvement Of Family Trust In China

Family trust can realize the functions of inheritance isolation,tax planning,protection of privacy,prevention of profligacy,etc.This article starts from the development of family trust system iin our country,analyzes the legislative system of family trust in representative countries,compares the effective establishment factors and development modes of family trust,and puts forxward the development suggestions and plans to improve the family trust system in our country based on our national conditions,so as to promote the development of family trust in our country.At present,the development environment of China’s trust law is immature and the legislative system is seriously lacking,which restricts the development of China’s family trust system.The main legal problems of family trust in our country lie in imperfect registration system of family trust,repeated taxation in tax system,incomplete debt isolation between trust parties,and difficulty in realizing offshore family trust due to foreign exchange control.These legal obstacles have seriously hindered the development of family trust in our country.Based on the analysis and research of the development mode and management system of family trust in the two major legal systems of Anglo-American law system and continental law system,as well as the comparison with the family trust mode in China,the author thinks that we should c.larify the provisions on family trust in the existing laws in China,learn from the experience of foreign family trust systems,and develop the localized family trust system in China so as to form a stable legal development environment.Finally,the author gives examples of various f-amily trust transaction structures designed by the mentor to serve as practical guidance for family trust.