Research On The Family Trust Legal System In China

Since the beginning of the 21st century,high-net-worth individuals increasingly favor family trusts,and they gradually regard family trusts as an important measure to ensure the smooth inheritance of family wealth.Even if the domestic family trust business has only risen for a short time,it is not difficult to see that family trusts have great potential in China.Major domestic financial institutions have also invested a lot of energy in the development of family trust business.The development order of my country’s trust industry is regulated by the 2001 "Trust Law",which is also a guarantee for the stable development of my country’s trust industry.However,the law is lagging and imperfect,so it is inevitable that my country’s family trust industry will have There are constantly some new challenges to face.Based on the above reasons,we will then take the current status of family trust development in my country as a prerequisite,explore the flaws in the relevant legal systems and regulations,and discuss solutions,and play an effective role in improving the relevant legal regulations of family trusts,thereby promoting family trusts in my country Continuous progressThere are four parts in my article:The content of the first chapter is a basic summary of the family trust system.This chapter as a whole is composed of the concept and characteristics of family trust,institutional functions,legal traits and the analysis of related systems to pave the way for the full text and explain the theoretical basis of family trust.The second part describes and analyzes the deficiencies in the regulations of my country’s family trust system.The main content of this paragraph is as follows:Explain the current status of domestic family trusts:domestic family trust business is just emerging,its own unique institutional functions have not been fully demonstrated,and the role of property management tools still needs to be activated.After comparing the trust laws and regulations of other countries and regions,it is concluded that the legal problems of family trusts mainly have three problems:the first problem is that the domestic family trust registration system is not perfect at present,and the second significant problem is the current In our country,the estate ownership during the duration of the trust is imprecise.The third problem is that the domestic system does not clearly define the nature of the trust beneficiary rights.At present,these three issues need to be handled properly.The third part is the extraterritorial examination and analysis of the family trust system.Starting from the needs of this article,this chapter focuses on comparing the relevant laws and regulations of family trusts outside the territory.The comparison here is mainly from several perspectives:first,the property ownership of family trusts;second,the registration system of family trusts;third,The nature of trust beneficiary rights is defined.We find practical experience that is helpful to the development of domestic family trust business,and explore the reference of foreign systems.The fourth part is how to deal with the diffculty that in the legal system of family trust in our country.The first point of this chapter in the article believes that in response to the above-mentioned problem of the imperfect domestic family trust registration system,a registration method that is consistent with the current domestic ownership registration effectiveness model should be adopted,so registration confrontation and registration take effect at this time The combination method is the most worthy of consideration in line with the current domestic situation.At the same time,the trust registration content is clarified in order to improve the trust registration system;second,in view of the existing situation of unclear property rights during the trust period in our country,we need to explain the system construction in our country The ownership of the family trust property enables the trustee to fully exercise its rights and has sufficient space to control the trust property;third,to elucidate the property rights of the trust beneficiary rights in view of the unclear definition of the nature of the trust beneficiary rights in the existing domestic system Property,so that clear solutions can be found when the beneficial rights of the trust are infringed.