Study On The Construction Of The Testament Trust System In China

Testamentary trust provided on the inheritance of the people handling of estates new ideas,different from the traditional choice of mode of inheritance,testamentary trust has incomparable superiority.Testamentary trust from England “USE” system,is widely used to a certain extent.As time goes,the testamentary trust system is universally applicable in foreign countries.China also promulgated and implemented the trust law in 2001 in the implementation of the "Trust Law" and the existence and development of the testament trust system in China.Although testamentary trust has supported the legislation,but in practice,due to the obstacles and the legal system and the traditional concept of social credit of testamentary trust system has not been a real building.Now,with the development of China’s economy,citizens’ weath continues to grow,our country has the conditions for the development of the testamentary trust.In this paper,through the advantages of this system and the current development of our country’s testamentary trust system,we point out that China needs a testamentary trust system.The choice of the construction model of our country’s testamentary trust and the specific operation were discussed.The obstacles to the construction of the trust system of the will of our country were analyzed and solved.This article main body part mainly consists of three chapters.The first chapter mainly guides the case of wills trust,through the case that the advantages of the will to be used by many people to solve the problems in real life,and to illustrate the continuous development of our country,the people already have the needs of the testament trust.The foundation of the continuous development of the trust system.At the same time,it pointed out that China’s current development of wills’ trusts is insufficientThe second chapter is to discuss the theoretical memory of testamentary trust,and our current and existing systems compared to highlight the uniqueness of the testamentary trust regime and can not be replaced by other systems.The construction of our testamentary trust has important practical significance.The third chapter is the construction of the trust system of the will of our country.Through the analysis of the legislative model and the choice,it points out that the pattern of inheritance law is suitable for the development of our national conditions.