A Study On The Investment Duty Of The Trustee Of Charitable Trust

Trust is derived from England,which is the law system that regulates fiduciary relationship in which one person,a trustee,holds the right of property or assets for the benefit of another person,the beneficiary.After hundreds of years,it develops well with professional operation and flexible contents in many countries.At present public benefit activities in China are mainly through the foundation.Relative to the foundation,charitable trust is a kind of special trust system which has some advantages and characters in promotion of charity enterprise.Despite charitable trust in the PRC trust law and relevant laws and regulations of the trust are defined,there is not a very good implementation and development in practice.The author believes charitable trust is meaningful to study.The trustee of charitable trust and other kinds of trust hold the completely right of trust property or assets in the same,and they can do investment.But based on the characteristic of the charitable trust,the trustee of charitable trust has the stricter duty when investing.Investment is a very important responsibility which undertaken by the trustee of charitable trust.This duty plays a vital role in fulfilling those purposes in trust and has the most important influence on preserving and increasing value and preventing losses. The author thinks the modern trust will not exist without investment.There are not the clear a regulations about the investment duty of the trustee of charitable trust in the PRC trust law and relevant laws,but can realize the meaning of duty of investment. The author tries to analyze the investment duty of the trustee of charitable trust in this paper,through the meticulous analysis,to promote the development of charitable trust in our country.The author makes the meticulous analysis on the investment duty of the trustee of charitable trust in this paper.The thesis consists of three parts-Introduction,Main Body and Conclusion.The Main Body is divided into four chapters:Chapterâ… derives the reason of investment duty of the trustee of charitable trust from the changes of trust estate in form and trust purpose,the special status of trustee and the duty of care when investing provided in the code.Chapterâ…¡introduces investment and the changes of legal interpretation about investment terms in trust document,then illustrating the changes of investment standards of trustee. Chapterâ…¢generally analyzes the standards when fulfilling the duty.They are the duty of care,the duty of balance,the duty of berufspflicht,the duty of taking no account of non-economic factors and the timing ability of balancing the long-term and short-term goal.Chapterâ…£makes the comprehension about the investment duty of the trustee of charitable trust in Trust Law of the People's Republic of China,and analysis the reason of not providing the investment duty of the trustee of charitable trust in our country,and make the completing of the investment duty of the trustee of charitable trust in our country.