论我国涉外信托的法律适用

Application of the Trust Relation to Foreign Affairs of China

信托是一种起源于西方的财产法律制度。我国借鉴英美法系和大陆法系的信托制度,颁布了《信托法》。随着国际经济交往的加深,特别是我国加入WTO后,涉外信托有了长足的发展。但遗憾的是,我国《信托法》对涉外信托的法律适用没有作出具体规定。本文拟通过对《海牙公约》以及英、美等国有关涉外信托制度的具体分析,找出其中具有共性的特征,并为我国的涉外信托立法提出若干建议。

Trust is an property legal system originated from western countries. China has made its own trust law, which referred to the trust law system of both Continental and Anglo-American legal system.With the development of transnational economic activity, especially with China抯 entry into WTO, the trust relation to foreign affairs will flourish. However, There are no provisions about the application of law of trust relation to foreign affairs. The author wants to find the general law characteristics of trust relation to foreign affairs, by analyzing the Hague Conventions on Private International Law and the trust law system relation to foreign affairs of British and America, then give some Suggestions to our legislation on trust relation to foreign affairs.