Research On Legal System Of Supervision On Charitable Trust

Trust law system as an important system, originated in the United Kingdom. After the development of several hundred years, the trust system of the United Kingdom, which has been improved quite well, has won widespread favor in many countries by virtue of the mode of its professional operation and flexible institutional arrangements. As one type of the important modern trust, both charitable trust and private interest constitute the system of two major types of the modern trust. The charitable trust is the special form of the trust system, established for the purpose of public interest, that is, the interest of the non-specific majority. Charitable trust will substantially promote the interests of the whole society or a non-specific part of the main social. Charitable trust is linked closely to the development of public utilities. Not only from the purpose of establishing public trust but also from the result of implementing public trust, it will promote the interests of public utilities, social development, and ultimately the substantial benefits of entire community member or some members of society, and enhance the overall social welfare. Therefore, many countries prescribe particularly the public trust in general is different from the private interest trust.Since the promulgation in October 2001 "People's Republic of China Trust Law" (hereinafter referred to as "Trust Law"), the cause of the trust develops rap idly, and the trust system walks up to perfection. In particular the establishment of charitable trust gave a strong impetus to China's rapid development of public welfare undertakings. Since Sichuan WenChuan big earthquake on May 12, 2008, people have placed high hopes on the public trust, it was generally hoped that the system of public trust in Wenchuan could play an important role in post-disaster reconstruction. Viewing the development of charity in developed western countries, public trust plays a great role, in the face of catastrophe, we should consummate our country's public trust and induct the trust company to expand the operation ,so that it will eliminate the qualm to the public donation, standardize and systemize public donation, and make china's public welfare develop healthily. It is gratifying that after the Wenchuan earthquake , China's first "post-disaster reconstruction of the charity for the purpose of the trust-based plan" started soon in Xi'an, helping financial institutions become the latest model of the affected areas, which promotes the establishing charitable trust system of our country and improves the model, and the great significance is undoubted. However, charitable trust can not develop healthily without the efficient and effective regulatory system, which has an important role in public trust and influences the implementation of the public trust greatly, so our country needs to set up the regulatory system of charitable trust to ensure that the effectiveness of the public trust system . Reviewing public trust abroad, both common law and civil law countries have established a sound regulatory mechanism charitable trust, and the establishment and operation of the mechanism indeed promote the healthy development of the trust. For our part, "People's Republic of China Trust Law," provides a special chapter for the charitable trust, besides," Trust Law" Article 62 of the first 73 pairs of regulatory charitable trust also provides the monitoring of China's Charitable Trust law. However, because of the late start of China's charitable trust, the system of public trust is not enough sound; especially trust there are still many problems in the supervision of the public trust. This paper attempts to propose suggestions and specific measures to improve the legal system of charitable trust.The full text is divided into five parts.Partâ… : Introduction.It mainly explains the background of the research, studies and research methods of the related research at home and abroad.Partâ…¡: the general principles of charitable trust and theoretical basis.First, it gives a brief description of the concept and the characteristics of charitable trust, then elaborates the concept of charitable trust and legal value of charitable trust supervision, and analyses the supervision by the legal economics and the reasons for the charitable trust.Partâ…¢: the main existing problems of the legal system on China's charitable trust monitoring.It is divided into three parts that is, the legislation of China's charitable trust supervision, external monitoring of charitable trust and internal control of charitable trust, to analyze the existing problems and as well as the reasons for these problems in the field of charitable trust.Partâ…£: the comparative analysis of the legal system of foreign charitable trust monitoring and its implications for China.It mainly shows the supervision of the charitable trust between common law countries and civil law countries and regions, makes a simple comparison to the two charitable trust systems, and finally points out the reference to China's charitable trust monitoring.Partâ…¤: the suggestions and specific measures to improve the legal system of monitoring charitable trust.As for problems in supervision of my public trust in the third part, it brings forward the corresponding regulatory system of our country to improve public welfare. Charitable trust in China should improve regulation of the charitable trust from the value orientation, legislative system, the external supervision and internal control and so on.Finally, the conclusion. It also makes the regulatory expectation on the improvement of China's charitable trust.