The Research On Legal System Of The Supervision Of Charitable Trust

Establishment of the charitable trust system is a powerful impetus to the development of the national public welfare. The Trust System has a wealthy content, unique legal structure, functioning and diverse forms of elastic, and used widely in common law countries. In2001, China promulgated the "trust law", which defines the public trust in the sixth chapter, encourage the development of charitable trust. But the terms are not enough to the effective supervision of charitable trust operation. The first step is seriously study the advanced countries to develop the charitable trusts, such as the trust supervision idea and legal system of Britain and American, and perfecting the legal system of the supervision of trust combined with the actual situation in our country.The text is divided into four chapters.The first chapter:the basic theory of public trust and supervision.This chapter is divided into two parts. This chapter describes the history of development of public trust briefly, listed public trust definition understanding and definition in various countries, summed up unique and comparison charitable trust with related concepts for our public definition of trust. And readers will have an overall grasp of public trust. Secondly, this chapter put up a public trust supervision theory. The development of public welfare depends on the public trust of our country, so the regulatory system must be in place. This part focuses on the public trust supervision theory, analyzes the necessity of supervision and supervision goals should be achieved.The second chapter:the foreign public trust supervision law system and its reference to comment.The main contents include public trust supervision system review in the foreign countries and reference of our country. The first tells about charitable trust supervision related content from Anglo-American law system and continental law system. Trust industry originated from England is developed in countries of Anglo-American law system, and in the United States had very good development. Civil law, such as Japan, Korea and China’s Taiwan area also transplant on the public trust in succession, and has achieved some achievements. Secondly, our country should make public trust in China play out of their unique advantages through the study of foreign advanced idea of the trust, and combine the characteristic to contribute to the public welfare for our country.Chapter third:the supervision of China’s current legal system of public trust.The main content includes legislation situation and defects of the China public interest trust supervision. In2001China promulgated and implemented the "trust law", which provides the public trust in the sixth chapter, but there are only fifteen articles. And then our country also introduced and charitable trust related regulations and documents, but it is not enough to the effective supervision of public trust. It makes our system of charitable trust established difficulty. The specific performance is that establish the public trust relationship difficulty. And the trust supervisor system requirements are not strict. There are no uniform regulatory agencies to do the backing protection.Chapter fourth:charitable trust supervision legal system’s perfection in our country.This chapter is divided into three parts. The first part tells about public trust established by the relevant legal system, an important improvement of the establishment of the charitable trust, it make the charitable trust set up to achieve the standardization and rationalization. The second part is to improve the trust supervisor system. The trust supervisor system is a civil law country in transplantation charitable trust when derived from the system, the "trust" in our country about the trust supervisor terms, but the relative is crude, actual operation is lack of light. This paper puts forward some suggestions to the trust supervisor system. The content of the third part suggests establishing a unified trust supervision mechanism. The charitable trust supervision gets fulfilling truly, achieving information sharing, and then effectively solves the problems occurring in the operation of public trust and status.