Legal Regulation Of Trustee 's Self - Trading Behavior In Trust Law

Trustee’s self-dealing violates the fiduciary duty of the trustee and the civil law principle of good faith. As a natural self-dealing illegal, since the creation of trust system, the law on self-dealing behavior is strictly prohibited. This paper propose that with the economic diversity development, trust law also made self-dealing for a lot exception, and favor the interests of some benefit, in line with fairness and justice recognized as legitimate self-dealing, but in Chinese Trust Law, the regulations are not completely formulated. To meet the needs of social development and to promote the development of trust industry, the author will analyze the domestic and foreign legal systems through a comparative approach, and obtain the main points of this article:take the distinguished regulation of trustee’s self-dealing, expanding and improving on the legality of acts of trustee’ behaviors of self-dealing identification. In addition to the introduction and the conclusion, the thesis can be divided into four chapters:Chapter one elaborates the demarcation of self-dealing in trust law in the perspective of every country’s law regulation. On the theoretical basis of "trustee’s self-dealing is a violation of fiduciary duty", the chapter presents the definition and form of trustee’s self-dealing. And in the perspective of the historical development, it elaborates the legal regulation’s choice of self-dealing and then elicits our current trust law’s legal regulation and defects on self-dealing acts.The second chapter essentially analyzes self-dealing behavior regulation in the perspective of theoretical development and practical requirements according to the legal regulation’s choices and our trust law on self-dealing regulation defects. Due to the trust and the company’s relevance and similarity in the history of the development, the paper also illustrates a must of the Trust Law Regulations by comparing relevant system of the company law, namely, why self-dealing behavior is regulated, what is the basis of regulation and how to regulate it. The paper mainly draws on Company Act’s relevant regulation from the procedural and substantive regulation.The third chapter mainly draws on Trust Act’s relevant provisions of civil law system and common law countries, which the useful to our country. Because the trust originate in the United Kingdom, and the United States inherited it and get rapid development and Japan is a early country that brings in this system but trust in our country has a short history and has many defects, so from the analysis of self-trading behavior regulation of these several countries’ legislation and judicial practice, we can get beneficial elements for our country’s trust law. The introduction of every country’s regulation is mainly divided into four sections:Overview every country’s law regulation, analyse special self-dealing, distinguished regulation and regulatory trends of every country’s laws to self-dealing behaviors, the enlightenment of the development of every country’s trust law.Chapter four gets several reflections of self-dealing’s Trust Law Regulations through the foregoing comparison and analysis, mainly addressing self-dealing should be distinguish and regulate, expanding identification of self-dealing exemption, as well as improve the program regulations and substantive regulation,and make a legislative proposal beneficiaries and trustees of relief measures to improve the provisions.