The Research On Legal System Of The Supervision Of Charitable Trust

Since the promulgation of People's Republic of China Trust Law in October 2001, the trust system is moving forward to perfection. Especially the establishment of charitable trust had a positive effect on China's public welfare establishments. Since Sichuan WenChuan big earthquake on May 12, 2008, people have placed high hopes on the charitable trust. China's first "post-disaster reconstruction of the charity for the purpose of the trust-based Plan" started soon in Xian, helping financial institutions become the latest model of the affected areas,which promotes the great significance of charity trust system of our country. However, because the development of charitable trust in China starts late, the legal system of charitable trust is not well established, especially the supervision of charitable trust is questionable.Charitable trust is related to public interests. In concrete practice, it's usual to use trust company as trustee to execute charitable trust. The original intention of charitable trust would shutdown the advantages if it's lack of efficient and powerful supervision system. Through the supervision of charitable trust to control and balance the power of trustee together with keeping a lookout on moral hazard, we can achieve the goal of public interests, ensure the interests of beneficiary and increase public confidence and trust in public welfare. The full text is divided into five parts.Part I:Introduction. It mainly explains the background of the research, studies and research methods of the related research at home and abroad, research meaning,defects and new ideas.Part II:It presents general principles in supervision of Charitable trust.It covers concept of Charitable trust,compared with relevant institution and the theoretical basis. It must be made clear that the regulation is designed for regulation and development, rather than supervision and management itself.Part III: In this part , it introduces the current situation and the present problems of legal system of supervision on charitable trust in China.Part IV: In this part, I investigates the legal system of supervision on charitable trust in the world. Firstly, it explains the legal system of supervision on charitable trust in the mass. And then it investigates the legal system of supervision on charitable trust in the United States, the U.K., Japan and the Taiwan area of our country from aspects of regulators, job power, the establishment conditions and procedures, regulation of trustee and trust supervisors. Lastly, the legal system of supervision on charitable trust in the world can be used for reference to improve the legislation of our system.Part V: This part dissertates how to improve legal system of supervision on charitable trust in China. In the part of how to improve, it raised the legislative thoughts, the legal guidance and material suggestions. In regard of the material suggestions, it focuses on the content of charitable trust regulations and places stress upon regulating the trustee.Finally, the chapter gives the main conclusion obtained in this paper.