信托制度移植到大陆法系后,信托财产所有权归属问题一直被学界所关注。本文探讨两大法系不同背景下的所有权理念、概念、特征和制度规范的差异,从概念层面的解构到理论层面的分析再到价值层面的定位,以所有权之回复性作为逻辑起点对大陆法系信托财产所有权缺位之合理性进行分析和探讨。 After transplanting the trust system into the civil law system, the ownership of trust property has always been the concern of the academic circles. This paper explores the differences of ownership concepts, concepts, features and institutional norms under different backgrounds of the two major legal systems. From the conceptual level of deconstruction to the theoretical level of analysis to the value level, the author takes the recovery of ownership as a logical starting point to study civil law system Analysis and discussion on the rationality of absence of ownership of trust property.