作为所有权运动形式的信托——一个解决信托财产所有权归属问题的理论尝试

信托在本质上是财产所有权移转的特殊运动形式。正常情况下，所有权由委托人流向受托人，再经受托人流向信托关系外部；受托人违背信托义务的情况下，其已经享有的所有权权能，转而回流到委托人手中。所有权运动期间，受托人享有一种临界于所有权的、最大限度的定限物权，同时享有自动获得所有权的资格。所有权运动不会在实际上影响所有权归属功能的发挥，因为根据信托的性质，确定所有权归属的需要必然包含明确所有权归属的条件。

Trust Acting as a Form of Transferring of Property Ownership --Theoretical try of solving the problem of trust property ownership attribution

Trust, in the nature, is a special fi）rm of transferring of property ownership. Under normal circumstances, the ownership of trust property flows to trustee by the settler, and then flows to external relations by the trustee. And the trustee＇s property rights will turn back to settler when he breaches trust obligations. During the transferring of ownership, the trustee enjoys a kind of limited property right, similar to ownership with minimum limitation, and is entitled to obtain ownership qualification automatically. As a matter of fact, the transferring of ownership will not affect the functions of property ownership attribution because, according to the nature of trust, the demand of ascertaining ownership attribution necessarily contains the conditions of nailing down it.