Study On Legal Issues Of Trustee

The institution of trust is not inherent in China, but it is transplanted from common law. In the trust relationship, the trustee has the right to manage or dispose of the trust property, while the beneficiary has the right to benefit from the trust property. Therefore, on the one hand, the regulative purpose of the trust law mainly lies in ensuring the realization of interests of the beneficiary or other trust purposes; on the other hand the regulative emphasis of the trust law is to effectively regulate the trustee's act of exercising powers and performing duties so as to ensure that he does his duty.The Trustee is the most important party in the trust relationship playing a key role in realizing the trusts end and operating the trusts cases successfully. In order to put the special function of trust into effect, the trust law gives the trustee much freedom of management making them posse almost totally autonomous management power. However, it is necessary to put the trustee under obligation and to require it to bear the responsibility of assets when it breaks its obligation. This thesis, based on the trust law, using the comparative and historical research methodologies, discusses the regulations on the power and the obligation of the trustee as well as the system of responsibility when the trustee breaks its obligation and abuses its power. Finally on the basis of precious discussion, author appraises the law system on trustee currently used in China and makes concrete proposals on legislation. It's divides into five parts:The first part is the introduction. It has introduced the basic legal issues of trust. It elaborates the legal concept of trust and its legal nature introducing and analyzing it. It researches on the legal issues about the members of trust lawful relations and their legal status.The second part discusses the theoretical foundation of constructing trustee's power and obligation. It studies on the three basic theories of trust law. The third part introduces the power and the obligation of the trustee. The paper analyzes the features and deficiencies of corresponding legal provisions virtue of our country's trust legislation. All countries'trust law has entrusted with the trustee a more widespread right. Meanwhile in order to avoid the trustee abusing the right, has also made certain limitation. This article stipulation in different counties,in this foundation elaborates a main discussion on the meaning, jurisprudential basis,the main legal stipulation and its exercised Imitation of each right of a trustee in Trust law .The theoretical foundation of constructing trustee's obligation lay a foundation,it has regarded value orientation that trust legislates as the clue to analyze the characteristic of trustee's obligation on Trust Law. The thesis points out trustee's obligation is mostly force the regulation, but not set arbitrarily,it is the most basic characteristic of the trust obligation to be mandatory. Meanwhile, the thesis thinks that can't ignore the side with contract nature of trustee's obligation,defines the meaning with contract nature of the trust obligation lies in adequately realizes the flexibility of the trust system, so that Trust Law can serve the main purpose to set up trust,realizes the will of the party of trust each side.The forth part analyses the responsibility of the trustee. The legal relations of the trust include three parties concerned, among whom the trustee is in the core position. It is held that the administrative duty and criminal liability of the juridical person can be decided by his or her own country's administrative law and criminal law. The civil responsibility of the trustee is an independently stated liability. The principle of inculpating the civil liability of the trustee is that of mistake responsibility. No mistake responsibility is exceptional. The scope of the liability of the trustee in our country holds the autonomous principle of the view point of the person concerned, which does not violate the principle of fair.The fifth part is to illustrate the challenge with which Chinese trust law. Trust in China is different from others in that the status of client is stressed and expanded, which the author of the paper is in favor of. The expansion of clients' right is based on the underdeveloped trust environment of China, and the guarantee of clients and beneficiaries' right represents the China'emphasis on trust safety, which is quite reasonable. In effect, Chinese trust admits the stipulate ability of trust, upon which the equity is constructed, despite the uncertainty in legislation. On the other hand, the practice that the trust property increase is through the agents' behavior in the short-term current situation breaches the essence of rust. Therefore, trust in China faces the following three problems with the standardization and modernization of trust environment: 1) the hidden trouble of clients' right; 2) defects of agents'regulation and 3) review of the relieving measure for beneficiaries' rights. Thus, China should, first of all, redirect the value orientation, i.e. to chase the efficiency; and then reconsider the freedom right of clients, agents and beneficiaries.Firstly, it discusses the social conditions in making trust law; Secondly, it researches on how to absorb the foreign trust law and maintain the characteristic China; Thirdly, it puts forward a legislation proposal to the choice of trust legislating in our country, the assume of value in trust law, and the staging and content of trust law.