The Research On Trustee System Of Trust Law

The trust legal relation includes the tripartite party: client, trustee and beneficiary. As regarded the leader of the trust relation, the trustee who occupying the extremely important position in the trust relation decides the completion of trust affairs and realizing of trust purpose .The trust legal relation of regarding trustee as the centre is the most important content in trust Law. The trust business of our country proves, in the difficult and arduous course of more than 20 years after reform and opening-up, that the short of the trustee system influences seriously the normal development of trust business. With the practical development the trustee system importance is outstanding step by step. Under the modern market economy condition, the expansion of trustee's power is extremely apt to cause the interests of beneficiary and the third person to be damaged, and the unlawful practice of the trust company will even influence the stability of national macroeconomy and financial order. So, perfecting the trustee system of trust of our country theoretically has important realistic meaning and long-term meaning.With the approach of comparative research and on the purpose of setting up the trustee system in trust law of the characteristic of our country, this article studies and analyzes the trustee system of our country and foreign developed country. At the beginning with trustee's qualification condition and identity system, this paper takes the trustee's rights and obligations system as the focal point, and consummates the trust legal liability system, at the same time draws lessons from Britain-American law department's newest trend of trustee system and puts forward some suggestion to perfecting trustee system of our country, in the hope of standardizing the behavior of the trust company further and promoting the benign development of the trust business of our country.As a kind of innovation of the management system of the property, Trust needs to be based on scientific trustee system, which could give full play to the unique efficiency of the trust system in China's social development and economic construction. To set up and perfect trustee system of trust law of our country, on one hand it should perfect the legal system of trust correlated with trustee and reinvent the prestige of trustee's market. At the same time, it also should reorientate to the trust business of our country. On the other hand, it requires to perfect trustee's trust legal liability system and to strengthen trust supervising, as well as to create the good...