An Analysis Of The System Of Public Trust Trust In China

This paper consists of three parts, the first part of the provisions of the public trust in the whole world now.Based on the second part in China’s public welfare operation evaluation, our country charitable trust system is expounded and the existing provisions and other country comparison. The third part of the analysis in the process of public trust has its existence must be based on the public welfare undertaking of our country perfect, to improve several aspects of China’s public welfare trust recommendations.Trust has the following characteristics: trust is based on trust, the trustee will own the property to the trustee; ownership of trust by the trustee of the trust property only beneficiaries enjoy, enjoy the right of creditor’s rights, the trustee in its own name for the management or disposing of the trust property behavior; independence of the trust property, it should be with the trustee’s own property to distinguish; the administration of trust affairs behavior should be consistent with the provisions in the trust documents and laws, and the management of trust affairs purpose is in the best interests of the beneficiary.The regulations, on the basis of the trust law of the people’s Republic of China only four public trust supervisor prescribed, combined with the relevant provisions of different countries in the region, analyzes the development status and shortcoming of our charitable trust supervisor is proposed.Respectively in the charitable trust supervisor rights system and function settings added the different types of rights and functions, to supplement and perfect the supervision system of the right to do; in the charitable trust supervisor’s duty, legal liability and related content, increase supervision obligations, the establishment of a comprehensive supervision responsibility commitment mechanism,avoid supervision evasion of responsibility resulting in sly form different state interests damaged; serving in the charitable trust supervisor qualification system, designed to achieve the supervision of professional knowledge and public trust are closely linked, build up a database of professional supervision; charitable trust supervision rights conflict resolution mechanisms in, add a variety of ways to settlement mechanism, clasped and minimize the risk.In the supervision of charitable trust unified regulators, design a system of regulation, including self-discipline Association and government organization; in the selection of the charitable trust supervisor, outgoing system, and constantly improve the various selection of outgoing measures, to protect the interests of all parties; in charitable trust supervisor constitution and rules of procedure, improve the legal flaw, combining similar provisions, is designed.In the scope of application of the charitable trust supervisor, the scope of the expansion, better to promote the development of public welfare undertakings; in the charitable trust supervisor set up rules, Procedural Perfection; charitable trust into arbitration system, supplementary regulations of the positive solution to problems in the charitable trust. On the whole, according to the specific conditions of our country, the existing laws and regulations of the basis of the improvement proposals, design a series of relevant laws and regulations.