中国信托法具体修改建议

五年来的实践告诉我们,现行法律制度的确暴露出一些缺失和不足。在21世纪科学发展日新月异的今天,我国信托法的修改与完善已是迫在眉睫,否则将影响我国信托业的发展,影响我国经济建设和金融市场。鉴于此,在中日信托法研究会同仁一年多来研究成果的积淀下,笔者对中国信托法的修改与完善作了一些粗浅的论述,并通过第二届中国(长沙)信托国际论坛向与会代表与各位方家作以汇报,旨在抛砖引玉,敬请批评指正。

Concrete Revision Suggestion on Chinese Trust Law

Trust Law of the People's Republic of China,with its passing at the No.21 Standing Committee of the Ninth National People's Congress on April 21,2001,officially announced that China successfully transplanted Britain and the United States' trust system.In Asian countries,China is the fifth country which introduced trust system.China who is the latest country with the trust law,were naturally of special concern by trust law jurists and experts at home and abroad.Until now the execution of trust law has been already nearly 5 years.During these years,many experts further improved the development of Chinese trust law and trust law system.Not only in theory,but also in practice,there has been a warm situation of "A hundred schools of thought contend".By five years' practice,we know that the present legal system indeed exposes some flaws and the insufficiency.Today when science develops day afeter day in the 21st century,the revision and consummation of our trust law already are imminent,otherwise these will affect the development of our trust industry and our economic development and financial markets.In view of this,under the study results by Sino-Japanese Trust Law Research Colleague for more than one year,the editor makes some superficial expositions to the revision and consummation of our trust law,and also wants to report to the conference representative and experts through The Second Trust International Forum(Changsha) of China.The purpose of the editor is to offer a few ordinary introductory remarks so that others may offer their valuable ideas.Respectfully ask the criticism to point out mistakes.