| Summary: | 碩士 === 東吳大學 === 法律學系 === 95 === SUMMARY
Trust in the property use and management of the flexibility of client property management or the interests of the beneficiaries. Compared to other methods, the more protection. Especially those of the fragmented ownership can often be achieved unexpected results. There is, however, one exception : a mandatory trust; Both sides is not asked of clients will prefer just the creation of a trust relationship. Because of formation for others as well as non-voluntary, the purpose behind its system carry a certain amount of public colors. Initially out compulsory in China Trust is the word in 1993 of the assets of public officials to declare the law the Legislative Yuan will be recorded. In recent years, as the government wants to achieve public policy objectives, the use of coercive means to the Trust increasingly frequent. However, the Trust is, after all, following the Anglo-American legal system, the application of the laws, and our architecture is the difference; Trust it mandatory in China as a fuzzy space. In this paper, in addition to explore the content has been significantly different, but also to our "Mandatory Trust," a way for the establishment of analysis :our Mandatory Trusts must have explicit legal provisions. Furthermore, in view of Mandatory Trust legislative intent, made some improvements : to allow the trustee to control as much as possible from clients; in order to reach the government through mandatory isolation Trust achieve its clients and the trust property to the legal effect; without deprived client ownership. Third, and make some recommendations : establish trust controllers; So an independent trustee be necessary supervision, to safeguard the interests of the beneficiaries, client interest is not damaged; in order to implement the government's trust through compulsory means to achieve the purpose of the public policy behind. This paper is intended to reach the most important contribution.
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