The Research On The Improvement Of The Charitable Trust Legislation In China

In many foreign countries, trust play an extremely important role in the development ofpublic welfare undertakings, a combination of trust and public welfare undertakings havevery deep roots.In2001the establishment of the trust law in our country on the public trustdiscussed with regulation, but the rules are relatively principle, there are few casesinpractice.After the WenChuan earthquake in2008, about how to apply the public welfaredonations that began to concern the uniqueness of public trust.So far,the operation form ofour country is unitary, the Red Cross,charities and public-raising foundation systemscomposed of official charity occupy the initiative.However, the development mode of thepublic welfare undertakings can’t satisfy the demand of the development of society,therefore, the public trust depend on its unique advantage that can be a good choice in thedevelopment of public welfare undertakings.As the Jurist Jiang’s description of the publictrust prospect:"the application prospect of trust system is very broad in China,trust resourcesare abundant in China, the demand of public trust will increase along with the developmentof the public welfare undertakings."One of the main reasons for slow development of public trust is our public trust legal systemis unsound.Throughout the legislative status quo of public trust in our country, the legalprovisions of the current public trust is more principle, has not specific and detailed setnorm for the content.And with the continuous development of our economy and society forthe increase of public needs, improving the public trust legislation specific standard contentis extremely urgent.Public trust as an important part in the development of public welfareundertakings, the present legislation to the rules of public trust is easy to cause the void ofthe related system lack of specific operation on the basis of practice, it also has lesssuccessful cases since the introduction of public trust system in practice.So, we need toreflection at the legislative level and perfect the legal system for public trust,further definitethe nature of public trust, improve the rights and obligations of the trustee of public trust andestablish public trust registration system, improve the system of public welfare trustsupervisors, perfecting public trust supervision system, improve the public trust tax system,perfecting the legal system of public trust.