识别是一种确定具体事实与抽象规范的对应关系的认识过程,也是寻找涉外民事关系冲突规范的逻辑前提。信托作为一项起源于英美法系的独特法律制度,在法律理念的构造上与大陆法系存在显著的不同,需要经过复杂的比较甄别才能够相对准确地识别出争议案件的类型归属,据连接因素之指引,找出用以规范涉外信托关系的准据法。因此,识别在涉外信托的法律适用中至关重要。鉴于信托制度的独特内涵,信托识别的范围应包括对事实的认定以及冲突规范中“范围”和“系属”的解释等方面的内容。针对信托识别中的冲突,应根据法院地国对信托制度的态度,分别采取法院地法或准据法作为识别标准。同时,根据私法中的意思自治原则,提出了制定信托统一示范规则,并通过当事人合意选法的方式在具体案件中实现信托规范的统一,进而解决信托识别中存在的一系列难题。 Recognition is a process of recognizing the correspondence between specific facts and abstract norms. It is also the logical premise for finding out the norm of conflict in civil relations concerning foreign affairs. As a unique legal system originated from the Anglo-American law system, the trust has a significant difference from the civil law system in its construction of the legal concept. It requires relatively complicated screening to identify the type of disputed cases relatively accurately. According to the connection Factor guidelines to identify the applicable law to regulate the relationship between foreign fiduciary. Therefore, identification is crucial in the legal application of foreign trusts. In view of the unique connotation of trust system, the scope of trust identification should include the identification of facts and the interpretation of “scope ” and “system ” in the conflict rules. Conflicts in the identification of trusts should be based on the court country’s attitude to the trust system, respectively, to take the court to the law or the law as a recognition standard. At the same time, according to the principle of autonomy of autonomy in private law, this paper puts forward the formulation of a unified model rule of trust, and realizes the unification of trust norms in specific cases through the method of parties’ consensual election, so as to solve a series of problems in trust identification.