On The Charitable Trust Will Set Up A Path

In recent years,our country grows day by day regarding public utility's demand foundation.Traditional public welfare organization dealing with ability be in straitened circumstances.Several times after the disaster,the conduct of public donations showed part of the fund capital operation legal supervision. A series of questions This has restricted public utility's further development to a certain extent at the same time donated the public trust side-by-side with the public welfare actually to have many success cases. In the practice of notary,more and more litigants hoped that sets up the public trust by the will way and carries on the notarization to this will. The public welfare will trust has the public welfare characteristic different from ordinary general will need a notary agency provides the high standard to this kind of will the system safeguard.In addition, essentially is a fiduciary business will,therefore distinguishes between the traditional will notarization service needs the notarization organization and the trust company mission government sector. In order to get public testamentary trust in China promoted,we must do as follows:first, we must adapt our country's national condition, links up with our country philanthropy's present situation; next, must establish the one whole set from the discussion, to work out the public welfare will trust to carry out the will trust, the operation trust until the assignment trust benefit and so on science perfect system flows.In the entire process, the notarization organization may rely on the male letter strength which it has naturally and the non-beneficial characteristic provides the service platform, simultaneously with domestic has the big influence philanthropic institution, the foundation, the Trust company to cooperate, expands the public welfare will trust notarization the channel. When the litigant sets up the will trust take the public welfare as the goal, the notarization organization not only may provide conveniently, reliable, the omni-directional notarization legal service for it, but may also hold the post of this kind of will the execution person, public trust's supervisor as well as provides the registration, the inquiry public announcement platform.There are four chapters in the thesis.The first chapter introduce the distinction elaboration notarization organization in the public welfare will trust sets up processes and so on participation, execution participation, supervision to participate in as well as to register participation consider including a system public trust system and will system's three legal regime to be how coordinated the public trust the public welfare and the trust estate store of value, the increment charitable trusts controller supplementary government external management how to use a notary agency of the platform promote and lead public trust vigorous development.The first chapter notary agency get involved the public will trust Established in,analyzed of action nature Ordinary will, private benefit will trust comparison characteristic sets up public welfare goal as well as trust estate content and payment. The last part especially discuss the difference between attorney's procuration and notarization in establishing public testamentary trust. In the second chapter of notarization organization involvement public welfare will trust's execution participation, the author first analyzed the notarization organization to hold the post of the will to carry out person's six rights and three duties, then, analyzed has carried out person's notarization organization legal status as the will, investigated its substantive or ancestor's agent. Finally, elaborated the notarization organization to carry out person's pattern with emphasis as the will, analyzed the notarization organization simultaneously to hold the post sets up the participation, the execution to participate in two roles the legal feasibilities and own risk assessment. The suggestion refers to "Law of corporation", "Bankruptcy law" the related bankrupt supervisor system is the same, formulates the candidate will by the public utility management structure to carry out the personal name list beforehand, establishes the will to carry out the person system truly.In the third chapter,the authot talks about when notarization holds the post of the trust supervisor of public welfare,which kind of rights and obligations it may have,and specially compare with the notarization organization holds the post trust supervisor the administrative machinery holds the post public utility management structure stressed that the two complementary different regulatory responsibilities.what's more, the author proposes the basis actual national condition, public utility management structure take civil administration administration department responsible for the work as sole management main body for good pattern.In the fourth chapter of notarization organization involvement public welfare will trust's registration participation, the author has analyzed the trust registration present situation as well as the notarization organization registration, inquires the platform construction situation, creatively proposed, the notarization organization may provide public announcement services and so on registration, inquiry for the public welfare will trust, shows the trust estate the independence.Under the present situation in China, through the notarization organization's entire journey participation, the public welfare will trust may the quite good solution trust and the will text fusion question, the will secrecy and the public trust public announcement engagement question, compared with easy to obtain the related public welfare administration department responsible for the work's approval. At the same time, when the public welfare will trust becomes effective and starts to operate, no matter is in the lasting time carries out the strength, the male letter strength aspect, the notarization organization holds the huge superiority.What must acknowledge is that no matter the will system or the public trust system's construction is, the domestic present stage is the initial period, in the legal stratification plane stipulation is very shallow, is very big with the realistic demand disparity.All in all,the author hopes related system can be established as soon as possible.