Legal Research Of The Protection For The Beneficiary Rights And Interests

The origin of the trust system in the Britain's is regarded as Britain's biggest achievement in the field of law. Because of its rich content, unique legal structure, flexible skill and diverse form, it is widely used in English-American law system. Continent law system follows and China also introduces the system. However, the practice shows that the trust system in China is running not very well. The trustee of the trust practice's abuse of rights, makes the damage of interests of the beneficiaries of cases usually occur. The interests of the trust beneficiaries are the ultimate winner, and the purpose of destination. If their rights can not be-maintained, trust system is very difficult to implement and develop. In theory, researchers study the protection, focusing on the restriction of the trustee's duty.while they study little about the trust beneficiary. Therefore, this essay which bases on the protection theory in civil law and common law has a full analysis in the creation, operation and termination process of a trust. And it also analyses ours and gives some suggestions which hopefully is useful for our trust development. There are four parts except the background and the conclusion in the whole text.Firstly, the paper makes a brief introduction to some basic problems, which gives a definition of the trust beneficiary and evidences that how to get the rights and qualification restriction. Eor convenient discussion, the paper makes a condition that the trust beneficiary is the trustee and the third person, to discuss the protection for the trust beneficiary rights and interests. Following, the paper evidences the legality of the protection. The paper thinks that trust system's safety value is the most important theory for law and philosophy. The trust beneficiary rights and interests is the basic system for the protection.The second part makes a research and discussion on the prevention beforehand before the establishment of trust. Through the first part analysis, from this part on, in terms of time, the paper is to discuss the protection before the trust, during the trust and after the end of trust. This part is to discuss the prevention beforehand, to monitor the whole process through the trust file rights reserved and setting up the protectors or trust monitor in order to protect the trust beneficiary's rights and interests at the best.The third part makes an explanation of the rights and interests of trust beneficiary during trust operation. This part focuses on the rights, which can control the trustee to protect the beneficiary's rights. Trust system has a character of separation from operation. The right to know, the proper management implementation and dismissal of the right are very important for the beneficiary rights'protection. The paper on the base of the contrast of the two legal systems, have an overlook of the present system and also gives some constructional suggestions.The fourth part discusses the remedy to the beneficiary termination of the trust. This part makes a systematic research on the remedy rights ending unnaturally through the analysis of the two law systems. The remedy rights after the trust mainly include restoring the original condition and the plea rights for damage compensation, balancing the tracking rights and canceling rights. The paper has an overview of the disadvantage of the remedy for the beneficiary in our country, through the analysis of the above rights, the implementation condition and the effectiveness in the manner of details. The paper thinks the present remedy rights have the following problems, firstly, about the restoring and.plea, one is that the miss about the anti-trust during the trust process; the other is that the scope for the remedy rights is not so clear and exact. Secondly, about the canceling rights, the scope for the reasons why cancel such rights is too limited. What's more, the paper thinks that in order to better protect the rights for the beneficiary, we should introduce the tracking right system of the beneficiary to fulfill the present remedy system of the beneficiary.