英美浪费者信托法律问题研究

浪费者信托，是指信托受益权不得转让且不得用于偿还受益人的债权人之债的一种特殊信托。尽管它从产生之初就备受争议，但已为美国大部分州所承认。围绕浪费者信托的争议本质在于财产自由处分与债权人利益保护的冲突。尽管债权人利益在浪费者信托中会受到一定程度的限制，但远未达到侵害的程度。法律对待浪费者信托，不应禁止，而应从成立件、受益人的范围限定和特殊债权人的类型化等方面加以调整。如此，既发挥浪费者信托保护弱势群体的功能，又能避免过度限制债权人的利益。

Spendthrift Trust in Anglo-American Law Systems

A spendthrift trust is a kind of special trust for which beneficiary interests should not be transferred and used for debt repayment by the beneficiary. Although it has been in a dispute from its birth, it has been recognized as valid either by courts or statutes in most of states in USA. The controversy about spendthrift trusts is substantial- ly the conflicts between the power of property disposal and the protection of creditors. The creditors＇ interests might be restricted to some extent but far from infringement. Therefore, the authority shall regulate, instead of pro- hibit, the spendthrift trusts in some important aspects, such as constitutive elements, the ambit of beneficiaries and the categorization of special creditors. In this way, by means of spendthrift trust the disadvantaged groups could be protected, and the creditors＇ interests are not limited excessively at the same time.