Study Of The Public Trust The Legal System In China

China is under a special period of economic, social and institutional transformation now, facing with many problems that affect social harmony, such as high pressure of population, resources and environment, poverty, frequent natural disasters, etc. To address these problems impacting social development and stability, not only need to rely on the strength of government but also to stimulate the strength of the whole society to develop the public welfare. At present, foundation is the main model for the development of public welfare but has been far from meeting demands of the society, for unique system advantages of charity trust, it would be the best choice for the development of public welfare. As the scholar Jiang Ping said, "in China trust system has a broad prospects, China has rich resources and needs for charity trust would be grown with the development of public welfare." Originated in Britain, charity trust has a development history more than 400 years. In 2001, China promulgated the "Trust Law", and set up the charity trust system in a special chapter and the legal status of charity trust then was formally established. However, in practice charity trust is still rarely and still in an embryonic state, its social usefulness for public welfare having not been fully realized. The main reason is due to the unsound charity trust legal system in China. The thesis is divided into four parts for conducting research on the charity trust system in China. And the Preamble focuses on the necessity and feasibility for developing charity trust in China, and as well as providing purposes and significance of thesis. The first Chapter provides an overview on legal system of charity trust paving the way for discussion below. As for charity trust is exotic to China, in the first section the author uses the method of historical analysis for conducting analysis of historical development, concepts and legal characters, etc,. In the second section, the author breaks through the defined model in traditional legal theory by using the "organizational network structure" in organizational sociology. The author holds that, charity trust is a kind of network formed by participators of public welfare activity in accordance with certain rules, which is characteristic of this thesis. In Section Three, the author uses the comparative analysis method and analyzes the form and substance requirements for establishing charity trust, reasons for termination and the application of approximate principle, while taking common law and civil law systems two main lines. In Section Four, the author uses the inductive analysis method to illustrate the value of charity trust by introducing the positive rule of charity trust for development of public welfare and trust. In Chapter Two, the author focus on providing comments on the current stage of China's charity trust legal status and its practices, summarizes and analyzes deficiencies of charity trust legal system. In Chapter Three, by indentifying deficiencies of China charity trust system, the author providing several suggestions for perfecting China charity trust legal system basing on advanced experience of foreign countries and China's actual conditions. These suggestions include: identifying purposes and standards of charity trust, establishing registration system, establishing external regulation, internal regulation and self-regulation supervision model, so as to cultivate a sound legal environment for development of charity trust.