论我国商事信托司法裁判不确定性的解决方案

• 作者: 张莉莉
• 来源期刊: 中国法学:英文版
• 学科: 医学
• 关键词: MECHANISM STARTING SUPPORTING
• 年，卷（期）: 2020,（1）
• 页码范围: 138-155
• 页数: 18页
• 分类号: R75

摘要

Since the trust system was transplanted into China,there are many problems in the judicial practice of trust law,including facts the essence of trust system has not been generally recognized,the trust legislation is separated from trust practice,and the Trust Law lacks the supporting implementation mechanism.Especially,the judicial adjudication of commercial trust relationship is the most fundamental problems with significant cognitive differences.Therefore,this paper takes three typical cases as the starting point to explore the solutions to the uncertainty of commercial trust judicial judgment.