中国民事信托发展滞后的原因分析——需求 制度 登记的影响-analysis of the reasons for the lagging development of chinas civil trust —— the impact of demand system registration.docxVIP

ABSTRA ABSTRACT 中国政 中国政法大学硕士学位论文 中国民事信托发展滞后的原因分析——需求、制度、登记的影响 III III IV IV THE DISCUSSION ON THE REASON TO THE LAG DEVELOPMENT OF CIVIL TRUST IN CHINA ——THE IMPACT OF DEMAND, OTHER MECHANISM AND REGISTRATION ABSTRACT As one of the treasure of the common law, trust has learned and transplanted by many countries including China. The civil trust, as one of the original forms of trust, suffers a poor development in China. In order to improve the situation of the civil trust, it is particularly necessary to analyze the reason to civil trust’s poor performance. Due to limitations on length, the articles will discuss the impact from the social need, mechanism competition and trust registration on civil trust. In addition to the introduction and conclusion, the article includes four parts: In the first part, the concept and function of civil trust will be discussed. As a study on issue of local trust, the article will adopt the definition of trust according to Trust Law. The criteria for the classification of civil trust and commercial trust will be explained so as to get the concept of civil trust. The conclusion that civil trust functioned as a mechanism to transfer property will be made by reference to the research of scholars, which will contribute the next discussion of the article. In the second part, the status and problems of civil trust in the country will be discussed. As to the lack of data on the status of civil trust, the article mainly referred to the research of scholars. The lag of development of civil trust can be also deduced from the fact that civil trust has been completely ignored by China Trustee Association. This part briefly introduces the issues in civil trust development in many aspects such as the conflict of legal concept, the lack of concept of civil trust, the lack of social credit. Due to limited space, the legal perspective, as a small one, will be adopted to analyze further. The third part is the main part of the article. It will follow the