Research on the Registration System of Family Trust in China - Based on Article 10 of the Trust Law -

As an important guarantee for the independence of family trust property and the safety of family trust property transactions, China’s family trust registration system is still far from perfect. First of all, the stipulation of the registration validity doctrine established in Article 10 of the Trust Law of China is too strict. Secondly, the Chinese family trust registration under the leadership of “CTRC” mainly includes trust beneficial right registration and trust product registration, which is not really the registration of trust property and trust legal relationship. Thirdly, in the process of family trust practice, the inaccurate setting and positioning of the registration agency has made it difficult to operate the family trust registration. Finally, due to the lack of clear legislative ideas and review standards, the family trust registration review system has not been well improved in the legislative process of China. Therefore, it is suggested that the registration model combining registration confrontation doctrine and registration validity doctrine should be established, the registration content with dual objects as the core should be formulated, and the registration institutions that adapt to the traditional registration system and the review system for improving family trust registration should be established to improve the family trust registration system, thus promoting the healthy development of China’s family trust industry.