Research On Our Country’s Trust Registration System

Our country’s "Trust Law" was formally promulgated in 2001,thus establishing the existence of my country’s trust system at the legal level.Since then,my country’s trust industry has developed rapidly,and the scale of assets under management has continued to expand.However,the "Trust Law" only has general provisions on trust registration.It is difficult to implement trust registration on a practical level.Trust registration has the problem of "there are laws to follow and cannot be operated",which also brings a series of trust practices in trust.Difficulties hinder the healthy development of the trust industry.In view of this,this article believes that it is necessary to study the improvement of my country’s trust registration system.This article mainly starts from the theoretical and practical aspects of the trust registration system,combined with relevant foreign legislative experience,to discuss the construction of the trust registration system in our country.Specifically,the article is divided into four parts:The first part introduces the basic theory of the trust system.Firstly,it discusses the connotation of the trust registration system,that is,trust registration is to publicize the registration of trust legal relations on trust property to the public through special registration;secondly,it introduces the core of the trust registration system: the theory of trust property independence,which is also the ability of the trust system.The key to making use of its property management advantages.Finally,it expounds the connection and difference between the publicity of trust registration and the theory of publicity of property rights under the traditional civil law system.The second part mainly introduces the current status and problems of the trust registration system in our country.Although the "Trust Law" has been promulgated,there are still problems with regard to trust registration,such as lack of detailed guidelines and two dimensions with the "Administrative Measures for Trust Registration".In order to solve the dilemma of trust registration,some attempts have been made in practice,such as establishing The Shanghai Trust Registration Center may use other measures to replace registration for publicity,but from a practical point of view,the effect is not satisfactory.Generally speaking,my country’s current trust registration has problems such as lack of legal norms,insufficient functions of the registration agency,unclear scope of the property to be registered,and the unsuitability of the existing registration effective doctrine.The third part mainly discusses the extraterritorial experience of the trust registration system.Although the trust system originated in the common law system,there is no strict trust registration system in the common law system,and some unique legal principles developed in the trust practice,such as the logo of the trustee Obligations,punitive pre-determined regulations,etc.,have reference value and are worthy of reference when we build a trust registration system.In the civil law system,Japan was the first to introduce the trust system,and it carried out a relatively complete and localized transformation of the trust system.In the case of the resume trust system in Taiwan,my country has fully absorbed the experience of Japan’s trust system,but has made some adjustments based on the actual situation in the region to make the trust system more in line with the needs of reality,which is of reference significance to the mainland.The fourth part mainly envisages the construction of our country’s trust registration system.Based on the basic theories of trust and our country’s real dilemmas,and on the basis of absorbing experience from outside the territory,the author believes that China should clarify in law that trust property belongs to the trustee,delimit the scope of trust property that should be registered,and the accepting authority for trust registration should adopt Chinese The trust registration limited liability company is the formal window,and the original property registration agencies are responsible for the actual registration mode.In addition,in terms of specific procedures,it is believed that the registration acceptance agency only needs to conduct formal review when reviewing the application materials;In terms of choice,it is advisable to change the existing registration effective doctrine to registration confrontational doctrine;while trust information is uniformly published on designated websites for public inquiries,and the contents of the announcement can imitate the "Dual Deeds" and "Private Deeds" in Taiwan.Mode,the necessary content is publicized,while other relatively minor and privacy-related content can be allowed to be retained and not publicized.