The Research On The System Of Charitable Trust Supervisor

In 2001, China promulgated for implementation of the trust law, indicating the trust law of our country moved towards normalization and legalization.However, the development of trust business in the course of our rise and fall several times, the situation is no legal basis, resulting in confusion Trust business almost by devastating blow. As an important part of the trust industry, the provisions of public trust, "Trust Law " was included as a separate chapter, which shows legislators the importance of public trust industry.Complex investment environment and the increasingly social division of labor bring unpredictable risk to the charity trust industries, the charity trust bear the same market risk. Too simple content caused confusion.meanwhile, it directly caused questioning for scientificalness from the public.At present,The specific historical background and regime change do not provide appropriate economic environment and legal environment for trust system in our country.This requires China pay more attention to specific rules,the rationality and concreteness in designing the charity trust supervisor system. The second part focuses on analyzing the public trust supervisor system, including direct legislative defects and indirect defects. The third part give Suggestions of the authors according to the concrete defect of public trust supervisor system.This paper is divided into four parts.In the preface, the author describes the status of public trust industry leads the subject to write this article, the purpose of this study, foreign and domestic public trust system overview Review. The first part, the mainly writing an overview of public trust supervisors, including supervisors in the legal status, functions, rights and obligations of content, this leads to the supervisor system defects. The second part analyzes the public trust the legislative authority of supervisors system defects, including defects in direct and indirect defects. The third part of the public trust supervisor system based on the specific defect, given the author's own recommendations. This generally improved from the following aspects of public trust supervisor system:the right to a sound system of public trust supervisors; clear legal responsibility for public trust supervisors; build public trust supervisor qualification system; build public trust oversight system of conflict resolution; established reasonable public trust supervisor leaving the system; rebuild trust between parties to a trust. Supervisor of public trust rights in the sound system, and clear the property inspection supervisor should have the right to claim compensation on seven rights; in the establishment of legal liability on supervisors, the supervisors of misconduct should be a clear liability of the type; qualification in building a system of supervisors, the legal system in China and Taiwan on the content of legal norms Trust combination, our public trust given the scope of supervisors serving on the staff and the prohibition of the scope of practitioners; in addressing the public trust supervise the conflict, while the rules in the Code of Civil Procedure and Taiwan, "Trust Law," the introduction of related regulations, rights of action to resolve the same time enjoy the right to appeal the conflict between the subject and supervisor oversight of internal conflict; in the establishment of supervisors from any system, supervisors will exercise the dismissal of misconduct by supervisors have the right of the main ways to be confirmed, while acts of supervisors to be sure that the resignation; trust in the remodeling part of the trust relationship between the parties, the first time, civil law unilateral contract theory is introduced, although the net income that the main beneficiary in relation to the specific choice of the supervisors of their vital interests will factor when it should be included in the selection process, while the choice of supervisors use the public system to reduce the external generating process of the supervisors, personnel selection and other aspects of the question.