Fiduciary Duties Under The Trustee Of The Trust System

Relationship of trust law, the Trustee directly to the right to exercise a variety ofmanagement of trust affairs and the exercise of these rights is directly related to theinterests of the beneficiaries of the trust to achieve. Trust most notable feature of thetrust property ownership and benefits of separation, in order to achieve the purpose andinterests of the beneficiary of the trust, trust law gives the trustee the great managementof trust affairs space, the trustee in this case is easy to use its legal status on thebeneficiary the interests of the people against. Therefore, how to ensure that the trusteein the trust affairs, security, and to exercise all rights, become the focus of attention bythe national trust legislators. How, then, on the Trustee’s rights through legislation andchecks and balances it? National legislation in accordance with the actual situation ofthe national requirements of the Trustee to comply with various obligations. EspeciallyBritain and the U.S. trustee to fulfill the obligations of legislation is morecomprehensive, although our country has borrowed from the trust system of commonlaw, but because the economic, cultural, political, different between countries, Chinaand the overall transplant the trust of the common law system. In common law countriestrustee fiduciary duties through legislation to be determined to give legal force, China’slegislation does not require the trustee fiduciary duties. Anglo-American equity methodto create a fiduciary duty of the first of its kind, it refers to one based on requirements ofthe other party, the other the best interests of compliance with obligations. Partyfiduciary duties based on the understanding of the other party’s conduct, and thusgenerate feelings of trust and rely on the other party. China’s ambiguous provisions ofthe fiduciary duties, just a kind of moral constraint. This paper will use historicalresearch, comparative studies and empirical research methods to study the trusteefiduciary duty system, combined with the reality of China’s market economy, toimprove the consciousness in the legislation system of China Trust, trustee fiduciaryduties has been established in China. Parties to a trust to which the principal beneficiaryand trustee of the interests of harmony and unity.The full text is divided into three parts:The first part provides an overview of the theoretical basis for the trustee fiduciaryduties trustee fiduciary duties of necessity, and thus clearly established in our country. The second part of the two legal provisions on fiduciary duties, including fiduciaryduties, content, scope, standards, characteristics, to achieve a comprehensiveunderstanding of fiduciary duties.The third part is missing, the last in front of two-part analysis as the basis forrevealing the fiduciary duties of trustees China according to the actual situation ofChina’s market economy, the trustee fiduciary duties established in China to makerecommendations.