Research On Charitable Trust Of Anglo-American Legal System

Charitable trust, featured by its creative characteristics, is an extremely peculiar legal institution in common law system. Hundreds of years bear witness to its development, and with continuous perfection, it is now has become the indispensable legal institution in common law system. While at present, the study of this institution in our country is just in its infancy. On April,28,2001, the22of the Ninth National People’s Congress Standing Committee makes "People’s Republic of China Trust Law" into effect. The entire sixth chapter set rules for the charitable trust. Because of charitable trust is originated from the transplantation of public trust in common law system. Therefore, the study of this will undoubtedly have a positive influence on the perfection of our charitable trust system.Based on the study of basic theory of charitable trust in common law system, combined with the current legislative status in other countries which belonged to the civil law system, this paper analyses the problems existing in our charitable trust system, and offer some proposals for its perfection.This paper is made up of five parts:The first chapter gives an overview of charitable trust in common law system. Firstly, the chapter combs the origin and the development of charitable trust, and then sums up its definition and characteristics. Secondly, it makes a contrast among private trust, constructive trust, and statutory trust. Thirdly, it tells the differences between the charitable trust in common law system and charitable trust in civil law system. Finally, it emphasizes the approximate principle in charitable trust. The second chapter focuses on the conditions which are critical to the establishment of charitable trust in common law system. In this chapter, these conditions are put into two categories, that is, general conditions and special conditions. According to this kind of classification, more details are followed. The third chapter is about the regulatory system of charitable trust in common law system. This chapter, first of all, discusses the necessity of the regulatory system, and then introduces the regulatory system in UK and in US. At last, it discusses the core contents of regulatory system. The fourth chapter makes legal analysis on the transplantation of charitable trust from common law system to our legal system. This chapter first states the general theory of transplantation of law, after that, it analyses the translatability of charitable trust in common law system from three aspects, concluded by the analysis of how well charitable trust can be accepted in our legal system, in consideration of the current situation of charitable trust system and relative regulations in "People’s Republic of China Trust Law". The fifth chapter is about the law perfection of charitable trust in our country. This chapter, above all, discusses the necessity of the perfection of charitable trust system. Therefore based on this, from the perspective of planning the system of charitable trust, trustee, and the regulatory as a whole, some specific advice are given in order to perfect the charitable trust in our legal system.