解析英美法信托时,“双重所有权”根本就是分散注意力的干扰线。用大陆法的“所有权”去阐释英美法信托本身就是偷换概念,自设圈套。信托作为现代英美财产法的核心组成,以Estate理念为基础,从Uses发展而来,依托于普通法与衡平法的双重救济体系,是英美法土壤上特有的产物。脱离英美财产法estate理念的信托只是徒有其名。 When analyzing Anglo-American law trusts, “dual ownership ” is simply distracting distractions. Using the “ownership” of the continental law to explain that the Anglo-American law itself is the concept of stealing and setting up a trap. Trust, as the core component of modern Anglo-American property law, based on the concept of Estate and developed from Uses, relies on the dual relief system of common law and equity and is a peculiar product of the soil of Anglo-American law. Out of Anglo-American property trust law of estate law is only its own name.