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The China-Switzerland Trust Law and Practice Seminar

On the afternoon of March 31, 2017, the China-Switzerland Trust Law and Practice Seminar was successfully held in Room 602, Mingde Law Building, which was one of the series of trust law workshops organized by the Comparative Law Department. Prof. Luc Th¨¦venoz from the Faculty of Law of the University of Geneva, Switzerland and Mr. Gao Chuanjie, Director of the Non-bank Financial Institutions Supervision Department of the China Banking Regulatory Commission, gave a lecture on the theme of the seminar. Dr. Tang Shumei Li, Mr.Li Xianming, Senior Partner of Jin Tiancheng Law Firm, Professor Jia Linqing from Law School of Renmin University of China, and Mr. Qi Jianming, Vice President of China Trust Industry Association attended the seminar as guest of review.

At the stage of the theme report, Prof. Luc Th¨¦venoz introduced Switzerland,s acceptance of the Hague Trust Convention and the recognition of the development of the trust system to the guests and classmates by combing the controversy and judgment of the typical cases from the background of Switzerland,s recognition of the trust system , Pointed out that the face of the Anglo-American legal system of the trust system, civil law countries should actively learn, recognize and accept, rather than blindly excluded.

Mr. Gao Chuanjie,s theme report is divided into two parts: In the first part, he recalled the historical development of China,s trust system with a vivid picture, reviewed the present situation of the development of China,s trust system and put forward expectations to the further development of China,s trust system.In the second part, Gao Chuanjie put forward the important role of Chinese and foreign legal communication in the development of China,s trust law. It points out that the perfection of the trust law in our country must be done through continuous comparative study, and learning from foreign experience, especially studying abroad related system of useful exploration. And finally, he sent the majority of students: I hope you actively participate in the field of trust law, in the relatively "unpopular" place to do a business.

During the comment session, Mrs. Tang Shumei, vice president of Zhongcheng Trust Company, pointed out that the development of trust law needs an inclusive mentality that requires constant reference to foreign advanced experience rather than behind closed doors. Mr. Li Xianming, Senior Partner of Kam Tin City Law Firm, has put forward valuable questions such as the boundaries between trust and contract, the protection of trust property and the due diligence standard of trustee. Professor Jia Linqing, in conjunction with the general principles of civil law that have just been drafted, talked about his relationship with the general principles of trust law and the general principles of law, and pointed out that although there is no relevant provision in the General Principles of Civil Law, it left the perfection and development of the trust law.

Finally, during the exchange stage, the participants and the students discussed on the nature of the bike deposit, the Swiss Trust Law and private international law and other issues, both broaden the horizons of the students, but also put forward a lot of worthy of further reflection and research. In the English translation of the seminar, Li Huiwen, a member of the Comparative Law Department, served as the first translator of the Sino-European Law Project at the University of Geneva Law School. under two students¡¯ the excellent translation, the seminar has achieved good effect.

Before the start of the seminar, Dean Han Daiyuan and Vice President Shi Yan,an met with Chinese and foreign guests attending the seminar to discuss the exchange and cooperation between Renmin Law School and the University of Geneva Law School and the legal exchange between China and the EU. The Trustee Law Workshop is a series of activities organized by the Comparative Law Department of the Renmin University of China School of Law. It aims to promote the comparative study of the trust law, the theoretical research and the bridge of the theory and practice of the trust law. We hope that we will continue to pay attention to the series of trust legal workshops activity.¡¡

(Editor: ZHAN Hefei)

 
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