On The Public Trust

The approval of Chinese Trust Law symbolizes the new stage in the development process of Chinese trust industry. The legal academics have deepened their research on this issue. In this context, the author focused his study on the topic of charity trust. There are five main parts of this thesis. The first introduces the overview of the legal regime on trust, covering the history of trust, analysis of concept and features of trust, comparison between trust and other relevant legal relationships, the relevant parties to a trust and types of trust, and the significance and implication of trust. The second part is relating to the scope of the charity trust, including the three main points: Charity trust emphasizes the public welfare of the trust, the public interest and the state policies on charity trust. The third part is regarding the establishment of a charity trust where general requirements and special conditions for the establishment of charity trust are deliberated. The fourth part is about the administration and supervision of the charity trust, focusing on the trust supervisors and administration agency of trust industry. The fifth part is discussing the specialties of the trustee of a charity trust, including the following: the appointment and removal of the trustee of charity trust should be approved in advance; the trustee is liable to report on the trust management and situation of trust property; the liabilities of a trustee of charity trust when the trust itself is terminated. The last part is about the other issues, covering analysis of the suing right of the settlor, trustee and beneficiary and the restrictions on the trust property and the objectives of income derived from the trust property.