我国宣言信托制度构建刍议

A Discussion on the Construction of Declaration Trust System in China

宣言信托在英美法系国家已经获得了普遍认可,在大陆法系国家有被立法认可的趋势。我国现有立法并不认可宣言信托。基于宣言信托在民事领域以及商事领域特有的优点,我国应立法认可宣言信托。同时,构建宣言信托制度时应注意其与我国现有信托法律体系的融合,并在不同适用情形下进行区分设置。

Declaration trust has already been widely accepted and regulated by the common law countries against the concurrent trend that being legislated by the civil law countries. In the meantime, the existing Chinese legal system does not embrace the declaration trust. On the basis of the declaration trust＇ s unique functions in civil society and commercial market, the author believes that it is high necessity for the Chinese legal system to recognize the declaration trust. Moreover, in the course of its establishing in China, the integration of declaration trust into the existing Chinese trust law system shall be well noted for different mechanisms to be adopted in the various circumstances.