本文分为八个部分,分别介绍信托欺诈的由来、信托制度的基本法理、利用信托进行的欺诈、英国法对信托欺诈的规制、美国法对信托欺诈的规制、推定信托的反欺诈作用、大陆法国家对信托欺诈的规制以及中国法对信托欺诈的规制。要理解什么是信托欺诈,首先需要知道什么是信托及其基本法理。信托是发源于英美法的制度,因此介绍信托当然应当先介绍英美法,尤其是英国法,这之后才是信托在大陆法国家的一些发展和相关规定。本文正是按照这一思路进行探讨的。本文第一部分简单介绍信托欺诈的由来。信托欺诈是随着信托的产生而产生的,已经有着几个世纪的历史。早在十七世纪初英国法院已经做出过反对信托欺诈的判例。信托与欺诈的关系是密不可分的。信托最初就是为了一种欺诈的目的而产生的,即以合法的形式规避当时的法律。第二部分介绍信托的基本法理。第三部分介绍了如何利用信托进行欺诈。信托的基本原理是承认双重所有权,即法律上的所有权和衡平法上的所有权。这两种所有权可以为不同的人持有。而且,信托法承认信托财产的独立性,就是说,它独立于受托人的财产之外,不构成受托人的个人财产的一部分;它也不是信托设立人的财产的一部分,只要信托有效成立,设立人的债权人一样受信托财产独立性的约束,不能予以强制执行或拍卖。这样,债务人就可以通过就自己的财产设立以近亲属为受益人的信托,来逃避债务,欺诈债权人。为此,法律必须对之予以规制。第四部分和第五部分分别介绍了英国法和美国法的规制措施。第六部分专门介绍了推定信托在反对欺诈中的重要作用。推定信托是英美法的特有的概念,在反对欺诈中十分灵活有效,但是大陆法对其很难理解和接受。有些大陆法国家在引进了信托并制定了信托法的同时,也制定了相应的反对欺诈的措施,主要是要求登记和允许债权人撤销。大陆法的这些尝试,在本文第七部分予以介绍。本文最后部分简单介绍了我国的信托欺诈规制措施,简言之,我国的做法与其他大陆法国家相似。 This article is divided into eight parts, which respectively introduce the origin of trust fraud, the basic law of trust system, the fraud using trust, the regulation of trust fraud by British law, the regulation of trust fraud by American law, the anti-fraud role of presumption trust, The regulation of trust fraud in France and the regulation of trust fraud by Chinese law. To understand what is trust fraud, you first need to know what the trust and its underlying law are. Since trust is a system originating from the Anglo-American law, it is of course necessary to introduce the Anglo-American law, especially the English law, before introducing the trust. This is followed by some developments and related provisions of the trust in the mainland France. This article is in accordance with this idea to explore. The first part of this article briefly introduces the origin of trust fraud. Trust fraud has come about with the emergence of trusts and has been around for centuries. As early as the early seventeenth century, British courts have already made the case against trust fraud. The relationship between trust and fraud is inextricably linked. The trust was originally created for the purpose of fraud by circumventing the laws of that time in a legal manner. The second part introduces the basic law of trust. The third part describes how to use trust to cheat. The rationale for a trust is to recognize double ownership, that is, legal ownership and equitable ownership. Both types of ownership can be held for different people. Furthermore, the Trust Law recognizes the independence of the trust property, that is, it is independent of the trustee’s property and does not form part of the trustee’s personal property. Nor is it a part of the trust’s founder’s property. As long as the trust is effectively established, The establishment of a person’s creditors, like the independence of trust property, can not be enforced or auctioned. In this way, the debtor can evade debt and defraud creditors by setting up trusts in his property with his relatives as beneficiaries. To this end, the law must be regulated. The fourth part and the fifth part respectively introduce the regulation measures of British law and American law. The sixth part introduces the important role of presumptive trust in combating fraud. Speculative trust is a peculiar concept of Anglo-American law. It is very flexible and effective in combating fraud. However, it is difficult for mainland law to understand and accept it. Some domestic continental countries, while introducing trusts and developing trust law, have also formulated corresponding anti-fraud measures, mainly requiring registration and allowing creditors to withdraw. These attempts at continental law are described in the seventh section of this article. The last part of this article briefly introduces the regulatory measures of trust fraud in our country. In short, our practice is similar to that of other continental countries in France.