一、引言近几年来,随着我国国民财富的迅速积累和金融社会化进程的加快,民众投资理财的需求日益旺盛。这种投资理财不仅表现为民众与包括信托公司在内的金融机构之间的交易行为,也表现为普通民事主体之间的财产管理行为如工会代为持股、出资人以他人名义购买投资权益、委托理财。事实上,后一种行为在普通民事主体的经济活动中已经相当普遍,同时也引发了不少纠纷。面对这类纠纷,由于当事入之间没有明确的“信托”意思表示,合同文本中也没有“信托”的字眼,法官形成 I. Introduction In recent years, with the rapid accumulation of the national wealth of our country and the acceleration of the process of financial socialization, the demand for public investment and wealth management has been booming. This kind of investment and wealth management shows not only the transaction behavior between the public and the financial institutions including the trust company but also the property management behavior between the common civil entities such as the trade unions holding the shares and the investors purchasing the investment rights in the name of others, Trust management. In fact, the latter kind of behavior has become quite common in the economic activities of ordinary civil entities and caused quite a lot of disputes at the same time. In the face of such disputes, because there is no clear “trust” meaning between the parties, there is no “trust” in the contractual text, and the judge forms