The Legal Analysis Of Negative Development Of Charitable Trust In China

Trust is the law system that regulates fiduciary relationship in which one person, a trustee, holds the right of property of assets for the benefits of another person, the beneficiary. It is derived from England, evolving of hundreds of years; it develops well with professional operation and flexible contents in many countries. Charitable trust is a kind of special trust system. It has some advantages and characters in promotion of charity enterprise.The paper uses methods, such as comparison and case analysis etc, to discuss the issue of trust system. First, the author analyzed the origin, conception, classification and essence about the charitable trust, and explored the independent situation about property of charitable trust to make a clear understanding of charitable trust for readers.Secondly, compared to other systems, charitable trust has a lot of special advantages in keeping and increasing the value of charity capital. It also has some advantages in scientific management methods. Thirdly, the author analyzed the present situations and the problems for the negative development of charitable trust in China.According to the problems, the author put forward some suggestions about how to solve it, especially on the taxation policy. We should make up for the law system and create the condition for its development as soon as possible. Charitable trust also needs propaganda of media and comprehension of people. Preferential taxation can promote the development of charitable trust. The interests would guide the capital to flow into the trust market. Charitable trust is not only beneficial to the charity but also promote the trust trade. From now on, we must perfect legal system, reinforce the supervised strength so as to promote charitable trust rapidly and serve for all the people.