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文章编号:1672-3104(2003)01-0046-05 |
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从比较信托法看中国信托法的立法及其解释 |
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中野正俊,张军建 |
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(日本亚细亚大学法学部,东京;中南大学法学院,湖南长沙,410083) |
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摘 要: |
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Trust law of China and its interpretation
from the comparative perspective |
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Nakano Masayoshi,ZHANG Jun-jian |
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(Department of Law, Asia University, Tokyo, Japan;School of Law,
Central South University, Changsha 410083, China) |
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Abstract: Trust Law of the People's Republic of China is the fifth trust law in Asia. It should be affirmed as a whole, but there are some problems to be deliberated. Firstly, to study from the viewpoint of legislation, the definition of trust is very clear and it forms the basic structure of Trust Law, but there are several immature articles which need to be mended; secondly, from the viewpoint of interpretation, there are some misunderstandings which should be corrected; thirdly, from the viewpoint of its economic efficiency, we should make the most of trust as an important way to improve economic level of the nation and its people. |
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Key words: trust law; settlor; trustee; property management |
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