信托财产所有权的归属问题国内外有双重财产权说、物权说、债权说和法主体说,但因与大陆民法的基本理念相悖而或多或少地存在这样那样的缺陷。现代信托制度起源于英国,有其独特的历史、文化和法律渊源,因而对信托财产权的认识只能从源头上去把握,应采取实用主义的态度,即认识它、接受它,但没有必要非得把它纳入大陆法系财产法体系内。 Ownership of the trust property at home and abroad have dual property rights that property rights say that debt claims and the main law said that because of the contradiction with the basic concept of civil law in mainland China there are more or less such defects. Since the modern trust system originated in the United Kingdom and has its own unique historical, cultural and legal origins, the understanding of trust property rights can only be grasped from the source. A pragmatic attitude is adopted, that is, understanding and accepting it. However, It is included in the civil law system of property law.