The Research On The Institutions Of Trust Monitor

The establishment of Trust Monitor is to protect the beneficiary better. When there are no ascertainable beneficiaries or the beneficiaries are not able to monitor, the benefits of beneficiaries could not be protected effectively, and the benefits of beneficiary will be more vulnerable. Then the Trust Monitor Mechanism will provide a warranty for protecting beneficiary.This mechanism was actually initiated in Japan, a civil law country. In2006, Japan amended its Trust Law, and improved the Trust monitor mechanism. Also the mechanism of trust inspector and agent of beneficiary was established. In2001, Trust Law of PRC went in effect, and only established trust inspector mechanism in Charitable Trust. Now the situation is like this:there are Trust Inspector in Charitable Trust to protect beneficiary, while according to Trust Law, there are no Trust Monitor in private trust which should take the responsibility of Trust Inspector.With the development and enrichment of our trust business and the exposure of related problems, the discussion about whether we should establish Trust monitor Mechanism are increasing, without final and systematic fruit. Based on the research results of other scholars, the author will try to discuss this problem from four aspects, and give suggestions about establishing Trust monitor Mechanism in our Country.