Suchen und Finden
Acknowledgements
6
Contents
7
About the Author
11
List of Figures
12
List of Tables
14
1 Introduction
15
Abstract
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1.1 Background and Research Problem
15
1.2 The Academic Debate on the Location of Ownership of Trust Property in China
18
1.3 Aim, Outline, and Methodology
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1.4 Originality
23
References
24
2 Trust Law of China and Its Uncertainty Regarding the Location of Ownership of Trust Property
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Abstract
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2.1 Background of Chinese Trust Law
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2.1.1 The Development and Problems of Chinese Trust Business Before the Enactment of Trust Law
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2.1.2 The Necessity for Chinese Economy of Further Development of Chinese Trust Industry
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2.1.3 Trust Law as a Necessary Solution for the Problems of Chinese Trust
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2.1.4 The Legislative History of Chinese Trust Law
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2.1.5 Modern Chinese Law Established on Civilian System
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2.2 Difficulties for Civilian Lawyers to Understand the Common Law “Trust”
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2.2.1 Trust Law: A Typical Common Law Construct
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2.2.2 Trend in the Reception of Trust All Over the World
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2.2.3 The Conflicts Between Common Law Trusts and Civil Law
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2.3 Significant Problem: Focusing on Article 2 of Chinese Trust Law
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2.3.1 Legal Uncertainty Regarding the Ownership of Trust Property in China
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2.3.2 Practical Problems Caused by Article 2 of Chinese Trust Law
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2.4 Interim Conclusion
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References
47
3 “Dual Ownership” Versus “Absolute Ownership”: A Comparative Analysis
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Abstract
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3.1 Conceptualization of “Dual Ownership” and “Absolute Ownership”
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3.1.1 The Development of the Concept of “Dual Ownership” in Common Law
50
3.1.2 The Concept of “Absolute Ownership” in the Civil Law Jurisdictions
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3.2 Debates Within Chinese Legal Circle Regarding Ownership of Trust Property
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3.2.1 An Opinion Contending Settlor as the Owner of Trust Property
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3.2.2 An Opinion Contending Trustee as the Owner of Trust Property
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3.2.3 An Opinion Contending Beneficiary as the Owner of Trust Property
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3.2.4 Other Minor Opinions
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3.2.4.1 An Opinion Contends that Either the Settlor or Trustee Is the Owner of Trust Property
65
3.2.4.2 An Opinion Contending that Ownership Is with Either the Settlor or the Beneficiary
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3.2.4.3 An Opinion that Contends the Settler, Trustee and Beneficiary Hold Partial Powers on Trust Property Respectively
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3.3 Diverse Approaches to Decide the Location of the Ownership of Trust Property in Various Jurisdictions
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3.3.1 Trusts in Mixed Jurisdictions: Scotland, Quebec, Louisiana, South Africa
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3.3.1.1 Scotland
68
3.3.1.2 Quebec
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3.3.1.3 Louisiana
73
3.3.1.4 South Africa
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3.3.2 Trusts in East Asia
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3.3.2.1 Japan
76
3.3.2.2 South Korea
80
3.3.2.3 Taiwan
81
3.4 Interim Conclusion and Limits of Existing Research
83
References
86
4 Social Capital, Trust, and Guanxi (??)
88
Abstract
88
4.1 Theoretical Background: Reviewing Social Capital
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4.1.1 Bourdieu
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4.1.2 Coleman
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4.1.3 Putnam
94
4.1.4 Nan Lin
95
4.1.5 Application of the Concept of Social Capital to Academic Areas
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4.2 Substantial Value of Social Trust in Establishing Commercial Relationships
98
4.2.1 An Understanding of Trust: A Choice to Place Oneself at Risk
99
4.2.2 Role of Trust in Economic Growth
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4.2.3 Personal Trust Versus Institutionalized Trust
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4.3 Guanxi: An Unique Phenomena in China
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4.3.1 The Notion of Guanxi
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4.3.2 Impacts of Guanxi on Chinese Business Culture
104
4.4 Social Network Theory
106
4.5 Hypotheses
109
4.6 Interim Conclusion
110
References
111
5 An Empirical Study on China Trust Industry: Methods
114
Abstract
114
5.1 Empirical Research Questions
115
5.2 Empirical Research Methods
115
5.3 Source of Empirical Material—I: Documents
118
5.3.1 Data from China Trust Association
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5.3.2 Reports on China’s Trust Industry
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5.4 Source of Empirical Material—II: Targeted In-Depth Interview
120
5.4.1 Research Design
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5.4.2 The Sampling
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5.5 Selected Results of the Empirical Research
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5.5.1 Chinese New Middle-Class Citizens Show Great Willingness to Invest into Real Estate Market
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5.5.2 High Net Worth Individuals in China Are Frustrated to Utilize Domestic Wealth Management Service Providers
123
5.5.3 High Degree of Mutual Trust Between Clients and Commercial Banks in China
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5.5.4 Role of Guanxi in Chinese Trust Business
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5.5.5 Lack/Low Level of Trust of New Middle-Class Towards Trustees
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5.5.6 The Nascent Transition of Chinese Trust Business
126
5.6 Interim Conclusion and Limitations
127
References
128
6 Current Trust Industry in China: A Dense Network
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Abstract
129
6.1 The Thriving Commercial Trust Business in China
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6.2 The Functions of Trusts in China Today
133
6.2.1 Financing Tool for Cash-hungry Sectors
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6.2.2 Effective Tool to Get High Return of Investment for Investors
134
6.3 Dense Network as a Possible Facilitator of the Growth of Chinese Trust Industry
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6.3.1 Evidences for the Dense Network Representing China’s Trust Industry
136
6.3.2 Mutual Trust and Network Effects of Dense Network
140
6.4 Interim Conclusion
142
References
142
7 The Chinese Trust Industry in the Near Future Towards a Sparse Network: From Guanxi to Institutionalized Trust?
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Abstract
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7.1 Potential Problems of Chinese Trusts: From the Perspective of Service Providers
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7.1.1 Unsustainability of Chinese Trust Business Model
145
7.1.2 Lack the Capability of Property Management in Chinese Trust Companies
148
7.2 Potential Problems of Chinese Trusts: From the Perspective of Consumers
149
7.2.1 Demand for Property Management Services in China
149
7.2.2 Family Trusts Emerging
152
7.3 Nascent Transformation of the Chinese Trust Network: Towards a Sparse Network
155
7.4 Chinese Trust Business Dilemma
156
7.5 The Way Forward: What Is Next?
159
7.5.1 Possible Justification of Article 2 in Chinese Trust Law
159
7.5.2 Clarification of the Location of Ownership of Trust Property?
161
7.5.3 Facilitating Social Capital: Building Institutionalized Trust
163
7.6 Interim Conclusion
164
References
165
8 Conclusion
167
Abstract
167
Appendix A: List of Sample Interview Questions
173
Appendix B: List of Interviewees
175
Appendix C: Selected Inquiries and Answers in the Interviews
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