Anglo-American System Of Charitable Trust And Corresponding References To China

Trust system originated in the United Kingdom. While Trust Law can provide the functions which lacked in civil law countries' inherent legal system, modern civil law countries transplant the Anglo-American Trust Law gradually. As an important part of Trust Law, Charitable Trust System can promote social welfare undertakings effectively, so many civil law countries pay more and more attention and encouragement to it.The predecessor of Charitable Trust is Use system in medieval England. After several hundred years of development, Charitable Trust system has become an indispensable legal system rooted in Britain and the United States social life. Concern to its importance to community charities, modern Anglo-American Charitable Trust play a critical and important role in easing social contradictions, maintaining social stability and extending vitality of capitalist society. Evidently, China needs that legal functions of Charitable Trust urgently in building socialist harmonious society and maintaining social stability.China adopted Trust Law of Peoples Republic of China in April 28th ,2001. In chapter VI of this law, legislators regulated Charitable Trust in fifteen provisions. We can conclude that Chinese Charitable Trust System modeled on Anglo-American counterparts system, and at the same time considered China's specific conditions. Therefore ,if we want to make our Charitable Trust System more perfect and suitable, we must study Anglo-American Charitable Trust System more deeply and meticulous.This thesis studies historical development and current situation of Anglo-American Charitable Trust System in considerable length. Moreover, this thesis analyses the establishment, supervision, termination and renewal of Anglo-American Charitable Trust in great details. Specially, the author studied Anglo-American Charitable Trust's essential elements of establishment, supervision agencies, and the Cy-Pres doctrine. So called Cy-Pres doctrine means if a charitable trust cannot take effect but the settler had a general or paramount charitable intention, then the trust property will be applied to some other charitable purposes. In general, Britain and the United States trend to relax the scope and application conditions of Cy-Pres doctrine increasingly. The ultimate purpose of this thesis is to explore the correct path of Chinese charitable trust system. At present, Chinese charitable trust system is still in its initial stage. Firstly, the provisions of charitable trust in Trust Law have many deficiencies, secondly, we still lack implementation rules and supporting systems of Charitable Trust System. The present reality of Charitable Trust System constraints the development of Chinese charitable trust activities greatly. Based on in-depth study of Anglo-American charitable trust system, this thesis draw a blueprint to promote Chinese Charitable Trust System, including establishing unified public utilities regulators, incentive mechanism and supervision mechanism, transform and improve Chinese Foundation's operating mechanism. All these ideas are enlightened by the Anglo-American experience, of course the author considered the Chinese specific conditions in speculate these ideas.Legal transplant and localization is a long-term and arduous task, and there is no exception in transplanting charitable trust system. It goes without saying that to establish China's charitable trust system which suitable for Chinese national conditions needs long-term joint efforts of legal scholars and practitioners.