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Research On The Supervision Legal System Of Charitable Trust

Posted on:2013-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:H B ZhangFull Text:PDF
GTID:2246330395988661Subject:Economic law
Abstract/Summary:PDF Full Text Request
"Trust" originated from the United Kingdom, the earliest dating back to the medievalreligious cause, the benefits system, with a natural charitable welfare.Trust with its uniquedesign of the system has a great success in Britain and the United States, investment banking,trust and cooperation, financing guarantee, reasonable tax avoidance, estate planning, charity,almost no less than field it covered. Japan introduced the trust system into East Asia, SouthKorea and Taiwan also successively formulated the trust law system,, our country also in2001promulgated and implemented the" Trust Law",,but the reality is that trust enterprisedevelopment is slow, the “trust” to many people is still a strange vocabulary, especially thecharitable trust, until2005, the first official approved charitable trust products" the Chinesecharitable trust" has just come out, the western region was released a first pure charitable trustscheme after the2008earthquake, which is clearly unable to meet the huge demand forChina’s charitable welfare.Among there are cultural differences in the process of legaltransplantation lead to adapt to difficult, but more important, is more than a dozen years ago,the legislation establishing the trust system of symbolic significance of larger, moreprincipled provisions, poor maneuverability. Trust Practice poverty led to the lack oftheoretical research, the judicial interpretation has not kept pace with the trust, which in turnleads to the Trust career development, especially the development of charitable trust are morestruggling.The nature of the supervision service. The author thinks that, the charitable trustsupervision system of the overall system not refinement led directly to the charitable trustsystem design without flexibility, convenience, safety.which exactly is the magic weapon oftrust in this system, made a major success in Europe and the United States. Therefore, wemust to improve the supervision system of the charitable trust, this is the only way to providethe best quality service for the establishment and operation of the charitable trust, trustproducts can play its great advantages, to solve our many social problems.In this paper, the supervision of the charitable trust is discussed by five parts: supervisionsystem, establish admittance, operation regulation, the termination of the trust, internalsupervision, and the thesis is divided into four chapters, each chapter is in accordance withthese five parts, it helps the targeted to solve problems and puts forward some improvementsuggestions. The first and second chapter describes the necessity of the development of charitabletrust in our country. This is the logical premise to perfect the system.The third chapter describes our current charitable trust supervision legal system,according to the above five parts divided, combined with the" trust law" is discussed.The fourth chapter is devoted to foreign charitable trust supervision of the legal system,and compare the two legal systems of different, separate the pros and cons.The fifth chapter is aimed at our charitable trust supervision problems, combined withforeign advanced legislative experience and the situation of our country, put forward toimprove our supervision legal system on charitable trust.
Keywords/Search Tags:Charitable trust, Supervision legal system, Approximation principle
PDF Full Text Request
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