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随着当前中国经济的繁荣发展,金融市场上的信托业务也日益蓬勃增长。一般认为,信托可以根据受托人是否以营利为目的分为民事信托和营业信托。目前被人们广为所知的主要是以金融机构为主导的营业信托。而民事信托作为保护私人财产的有利机制,其法律制度也逐渐成为学者关注的重点。本文就以比较和案例分析的方法分析了民事信托的基本法律制度,旨在对其发展提出初步的见解。
With the current economic boom in China, the trust business in financial markets is also booming. It is generally accepted that a trust may be divided into a civil trust and a business trust, based on whether the trustee is for profit. Currently widely known as the business trust led by financial institutions. As a favorable mechanism to protect private property, civil trust has gradually become the focus of scholars’ attention. This article analyzes the basic legal system of civil trust by the way of comparison and case analysis, and aims to provide some preliminary opinions on its development.