The legal system of the Trust Law is not set up for the "business trust" but for the "respective trust", the purpose of the Trust Law is to construct the jurisprudence of "civil trust" in nature. In the contrary, "commercial trust" has its' merchant, collective and occupational essence. Although the Trust Law originates from the traditional civil trust, in order to meet the needs of its' commercial purpose and functional design it cannot reject to adjust or modify the parties' relationship and substantial construction of the trust, even to construct the jurisprudence of commercial trust. This article not only analyzes the meaning and character of the commercial trust by its' fundamental concepts to discuss the differences between the civil trust and commercial trust but also divides the commercial trust into "assets management", "absorbing savings", "funds utilization", "assets transformation", "business management" five types from the economic and social function of the trust and development of Taiwan's trust business to deepen the basic theory of the commercial trust. In view of the introduction of the legal system of special purpose trust by Administrative Yuan in "Draft of the Financial Assets Securitization Act", it is serving as the conduit/intermediate of financial assets securitization. Due to the natures of commercial trust: business, merchandise and collectiveness, are different from the civil trust that is non-business and respectiveness. In order to analyze the commercial trust deeply, this article takes the "special purpose trust" as the predominant object. This article refers to "the legal system of special purpose trust" in Japan's "Assets Securitization Law", from the angle of the contract of special purpose trust, securitization of beneficial right, the protection and right of beneficiary, the legal relationships of the trustee, the variation and extinguishment of the special purpose trust and supervisory of special purpose trust to discuss and check the limitations and problems arriving from the application of the Trust Law. Expecting to understand the legal construction of the special purpose trust accurately, and to disclose the problem that the special purpose trust can't apply the jurisprudence of civil trust wholly. Furthermore, considering about how to adjust the jurisprudence of traditional civil trust to connect and harmonize the jurisprudence between civil trust and commercial trust.