On The Chinese Legal System Of Charitable Trust

Though Chinese economy is rapidly developing recently, some social problems still need to be solved, such as poverty, etc. It is a difficult problem in recent China how to attract more social sources to resolve those problems in more flexible ways. I think that the system of charitable trust may be one of ways to solve those problems. Trust is a kind of property management system, which originated in Britain several hundred years ago and which is accepted by many common law countries and civil law countries today. The Trust Law of the People's Republic of China has been promulgated and entered into force in 2001. The system of charitable trust has been regulated in particular in the trust law, which can stand out the importance and particularity of the charitable trust in the legal system. To Chinese traditional legal system, the charitable trust is a foreign and newly-born thing in China, whereas it has been an old legal system in western countries for several hundred years. On the premise that China does not have related legal tradition and practical experience in the charitable trust, we should refer to relevant experience of western developed countries, and should design a proper system of charitable trust suitable to our country in accordance with our country's practical conditions. Author tries to analysis the system of the charitable trust on several parts which the author consider important and make some suggestions about it.The thesis includes six parts, which is introduction, the outline of charitable trust, the framework of the legal relationship of charitable trust, the analysis of the charitable purposes, the supervision and management of charitable trust, analysis and suggestions, and so on. â… . IntroductionThrough describing a case, the author fetches out the theme of the thesis and narrates the meaning of researching the charitable trust.â…¡. The outline of charitable trustThe part mainly introduces the concept and characteristics of trust, the concept, characteristics and classification of charitable trust, and respectively compares charitable trust with private trust and public corporation. These can demonstrate the theoretical base of the charitable trust as an independent legal system.â…¢. The framework of the legal relationship of charitable trustThis part mainly demonstrates the subjects of legal relationship of charitable trust and their rights and obligations, and analyses the establishing requirements of charitable trust. The legal relationship of charitable trust does not only include these two parts, but they are the most important of the system of the charitable trust.â…£. The analysis of the charitable purposesThe author establishes a particular chapter to discuss due to the exclusive of charitable trust. This part mainly analyses the characteristic of the charitable purposes, the content of the charitable purposes and Cy Pres Doctrine.â…¤. The supervision and management of charitable trustThis part introduces some problems on the supervision and management of charitable trust in the process of establishment and operation. The content of this part exerts main function to guarantee healthful development of the charitable trust.â…¥. Analysis and suggestionsThis part explains the status of the charitable trust in the relevant legal system of our country, analyses the cause of difficulties of charitable trust in recent China, and gives some methods to solve these problems. Finally, the author gives some advice to consummate the Chinese system of the charitable trust.