The Trust Shall Be The Legal Protection Of Research

The beneficial right of trust, which is one of the most important right for the beneficiary, make the beneficiary a valuable and indispensable factor in the relation of the trust law. As a kind of property administration system the trust always enclosures the beneficial right of trust, because of its special function and economic value. However, according to the trust system, the beneficiary doesn't participate the trust action himself and not the parties neither, therefore, the beneficial right of trust is easily damaged. It is difficult to give a sound protection under a imperfect current trust law in China, so we need to build a legal system to protect the beneficiaries" interests and rights.This paper to begin with the basic theory of the beneficial fight of trust, gives a brief introduction of the current development of its legal protection at home and abroad, and then points out some weaknesses of the trust law in China. After that, this paper gives a through analyses and discussion for those weak points by contrasting the comparatively sound legal system in foreign countries, together with the legal heritage and system features in China. The paper tries to develop a perfect legal system for the beneficial right of trust from four different perspectives : the theory of the trust; the fights and obligations of the parties in the trust law relation the matching law system and the legal relief for the contravene to the trust. This paper is divided into for parts:Part One : The nature of the beneficial right of trust is discussed in this part. The beneficial right of trust is a kind of fight to enjoin all or part of benefit from the trust property. The beneficiary, a man, the people in law, or other organizations, is entitled to have the eamings from the trust property. The negotiations action between two parties or the legal action from one party both, can give rise to the beneficiary. Because of great differences in the civil system and ownership system between the Angle-America legal system and the continental legal system, every country holds a divisive definition of the nature of the beneficial right of the trust. However, the trust law in China doesn't involve it at all. The viewpoint of the author is that the beneficial right of trust is a Kind of right-real that the beneficiary enjoys the earning right from the trust property belonging to the trustee.Part Two: The legal protection of the beneficial rights of trust in different countries is discussed and compared in this part. It is divided into three aspects: the first one is the introduction of the relevant regulation of the Angle-America legal system. The second one introduces the relative rules of the continental legal system. These two parts mainly deal with the rules about the trustor, trustee and the beneficiary. The last one tries to analyze about trust legislation in China by way of comparing the situation at present about the legal protection of the beneficial right of trust between the two legal systems and our country. At the end of this part, the author points out some weak points in our legal system to protect the beneficial right of the trust.Part Three : This part talks about how to improve the legal protection mechanism of the beneficial right of trust in China. This part includes three aspects. The first one is to ascertain the belongs of the beneficial right of trust in the legislation. The second one tries to discuss how to improve the rights and obligations of both trust parties. Because the legal rules about the trustor, the trustee and the beneficiary in China have some taints, we should improve them by way of learning the fledged system of the Angle-America legal system. The last one aims to explore how to improve relatively matching system. This part includes three aspects: the improvement of the rules of the registration and taxation of the trust, the construction of the rules of the savings insurance.Part Four: This part also deals with how to improve the legal protection mechanism of the beneficial right of trust in China, but in a totally different standpoint. This part mainly discusses the relief of the beneficial right of trust from infringing trust. The civil liability of the beneficial right of trust from infringing trust includes infringement liability and renege liability. For the infringement liability, it includes the infringement form the trustor infringes the trust property and the trust earnings; the third infringes the trust property and the trust earnings; the trustee infringes the trust property and the trust earnings. And for the renege liability, it mainly happens in the course of the circulation of the beneficial right of trust and issuing from infringing the transaction contract of the beneficial right of trust between the seller and the purchaser.