The trust law institution was a 'genius' invention of the English common law. In 2001, China adopted its Law of Trust, which largely modeled on the English framework of trust. Prof. Philip Wood, a distinguished international financial lawyer, noted the adoption of trust law in China is one of the most significant legal develoments in civilian jurisdictions in the recent half centry. However, it remains to see whether this common law institution can take root in China. I have much doubt about this as the trust law regime is supported by a variety of other legal institutions which do not currently exist in China.
The two articles below discuss the Chinese trust law as a compromise between the common law and civil law systems.
Zhenting Tan, 'The Chinese Law of Trusts - A Compromise between Two Legal System". [2001] 13 Bond Law Review Download the article
Lusina Ho, 'The Reception of Trust in Asia: Emerging Asian Principles of Trust?" [2004] Singapore Journal of Legal Studies 287-304 (Availalbe at NUS Library and WESTLAW)
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