On The Trustee's Civil Liability Of The Trust Law Of China

As one of the fastest growing economies in the world,China has been very successful in achieving singificant in the world,China has been very successful in achieving significant economic growth with inflation under control. The favorable fundamentals Couple with the need to further vitalize large and medium sized stateowned enterprises would necessitate the development of the capital markets and the introduction of new financial instruments in our country."TRUST LAW OF PEOPLE'S RUPUBLIC OF CHINA",Chapter four and Section second is talking about the trustee of the law on civil liability provisions. But, generally speaking, there are still many problems. Many scholars at home and abroad against these provisions have put forward different legislative perfect idea. In my opinion,I believe that the existing system of civil liability for the trustee of the relevant rules on the whole. Therefore,in theory and in practice,it is necessary to improve the legislation.In this passage,from the beginning of the concept of civil liability by the trustees,analyze the features and the nature of civil liability of trustees, propose a trustee of liability applicable principles of civil liability and manner of trustee's responsible. To proceed a comprehensive system of civil liability of trustees and systematic elaboration.This thesis is divided into four parts.In Chapter 1,a major study of the concept of trustees and trustees of the concept of civil liability related content, from the trustees ,to start with the concept of civil liability of trustees of the civil liability system comprehensively expounded. First, trustee on the basis of the concept of a trustee to define the concept of civil liability, introduced the concept of trustees'civil liability theory perspective.At present,there are several academic perspective on the concept of the trustees. This paper uses a broad concept of civil liability for the trustee. Second, introduce the formation of civil liability of trustees - trust obligations.In Chapter 2, research on the characteristics of the trustees and civil liability and evalua the nature of its application. Trustee of the characteristics of civil liability: First, Trustee civil liability based on the fault liability are more according with the purpose of the requirements of the Trust. It can meet the requirements of the Trust and protect of the interests of Trust to balance the interests of the parties.In short, judge trustee of the civil liability should be a prerequisite for the existence of trustees fault. Take responsibility for fault principle is the inherent requirement of intent Trust, the Trust is also to realize its function, balance protection of the legitimate rights and interests of the parties are essential. Trust civil liability for the emergence of intent to breach of trust, as the precondition of the Trust who did not carry out the corresponding obligations as the premise. In the nature, it requrie the existence of trustees fault. It is worth noting that in actual operation , the trustees should be considered both the subjective and objective factors. Consequently it is more comprehensive fault of trustees of the judge; Second, the trustee is the legal responsibility of civil liability. Whether, TRUST LAW OF PEOPLE'S RUPUBLIC OF CHINA or other countries in the world , while the trustees violated both statutory obligations or contractual obligation for the beneficiary or the interests of the client make up for losses, damages priority mining approach. Therefore, the trustees have to adopt the civil liability for damages most important way. Finally, the trustees have a legal responsibility to a variety of reasons. Trustee obligations in the form of a variety of both statutory and also the agreement. The corresponding responsibility is varied. In the different types of trust, the trustee obligations in the form of different are changing and evolving.In the principle of autonomy, the trustees obligations can be set by the client or the client agreed between the trustees and the way free, as long as within the scope of the legal validity established. Moreover, according to TRUST LAW OF PEOPLE'S RUPUBLIC OF CHINA, and the establishment of a trust ,there are several ways, such as contracts, wills or legal administrative laws and regulations. Because of the different ways a trust , each have a way of the civil liability are not the same. This shows that with the Civil Liability Trust complexity of diversity. Common law trust beneficial for the legal nature of the formation of three main points: In personam, In rem, Sui generis. But did not become a breach of trust on the doctrine of the legal nature. The civil law countries with different laws, following by the Trust Law, the legislation falls far short of Technology. Moreover due to the Trust Law itself flexible and diverse characteristics. People have different views, lead on the nature of the civil law, on the violation of the legal nature of the Trust's point of view is representative of Japan scholars. Japan scholars for breach of the legal nature of Trust Law. There are four dissensions:Debt default, Tort, both debt and non-compliance violations, said that the responsibility of individual civil liability disputes. These view deeply affected our scholars and scholars of China's Taiwan on the understanding of the nature of civil liability for the trustee.In Chapter 3,the application of TRUST LAW OF PEOPLE'S RUPUBLIC OF CHINA, the principle of the commitment to the analysis and attribution of trustees civil liability related to the principle of sound legislation. Trustee civil liability attribution principles: the principle of the responsibility to the main fault, my "Trust Law," in the civil liability of the Trustee attribution principles generally apply the principle of responsibility for mistakes. Provisions in the law of our country there is no single part of the legal responsibility, and liability of trustees of the nature did not explicitly provides that the liability of trustees provides interludes in the more requires the trustees of the rights and obligations of the content. From the specific content of the law, the subjective fault of the trustee requirements are relatively clear.Trustee of the principles of civil liability attributable to the principle of liability without fault for the exceptions. Including two, the first is entrusted to the trustee in the course of the special nature of responsibility. According to TRUST LAW OF PEOPLE'S RUPUBLIC OF CHINA, the trustees to the agent's responsibility is to bear the responsibility for fault exception - the principle of liability without fault."TRUST LAW OF PEOPLE'S RUPUBLIC OF CHINA", Article 30 stipulates that: "trustee personally to the principle of trust affairs, only provisions in the trust document or the subject matter of last resort can be entrusted only to the agent. Trustee of the trust in accordance with the law affairs commission agents, it should be Service to others dealing with the Trust responsible for the acts. " According to the law , it implemented a strict no-fault liability, even if its trustees elected by the agent's supervision has a duty of care to make, good honest management of trust affairs, and will continue to agents bear no-fault liability. Second, the trustees of the trust on the common affairs of civil liability. Article 31 of the 32 provisions of the common trust the trustee system. Common trustees, refers to a a trustee with more than two for the joint trustees. Accepted by the client, the same common management or disposition of the trust property is the person. That is to say, all the common trustees, are in the same time period, the implementation of the same common management of the trust property or punishment, rather than on the same property at the time of the order of management. Trust is the trustee of the same two or more, each trustee is a trustee under the law for all obligations.In Chapter 4, China's "Trust Law," trustee civil liability provisions of the legislation defects and improving the district. First, the trustee of the Trust Law on Civil Liability for legislation on the status quo. Clear the trust's legal status. From these existing problems, we can see that China's Trust Law provisions on civil liability of trustees are still many shortcomings. The trustees complete breach of trust obligations of the principles provided for the trustees to assume civil liability for the content, should be used " General Principles of Civil Law " to improve the system of civil liability.