Abstract:
Since the promulgation of China's Trust Law,there exists theoretical doubts and trust crises in practice.This article compares two legal systems of trust,analyzes the nature of trust,and concludes that we can construct a suitable trust system of continental legal system by the way of interpretation of present civil law principles and transformation of property rights.In the trust relationship,the settler enjoys the ownership of trust property;the trustee enjoys management and administrative rights.In the trust of self-interest,the beneficiary enjoys the ownership of trust property and profits;in the trust of other-interest,the beneficiary enjoys the ownership of profits and the agency of the settler.