The Research On Trustee’s Prudent Obligation Of Our Country

Originated in England, prospered in America, and quickly spread in the world. Trust has been used as one of the most important parts of the global financial market. Trust rooted in Britain equity, and centre on double proprietorship, it has distinctive theoretical design and practice charm. At the end of nineteenth century to early twentieth century, trust has been used as an effective instrument for assert management in most of civil law countries. Due to the lack of the soil that trust system comes into being, the application of the trust system in civil law countries is functional and structural. The definition of the trust’s conception, legal relationship and related systems always reflect the avoidance of the difficulty that make trust system localize. Along with the development of the economy and changes of the financial environments, the function of trust changes from the traditional management to active management. Accompanied by the expansion of the trustee’s power, in the process of the trust property investment, trustee shall fulfill the obligation of the prudential investment. Faithful obligation and prudent investment obligation make up the standard of conduct of trustee.The trust industry in China has undergone a process from disorder to standard, the regulation of trustee’s obligation was not clearly adequate "care standard" of civil law, as did not avail itself of the Anglo-American law system "the duty of prudent investment" concept."Trust law" and other relevant laws only made general provisions on the duty of trustee, the lack of specific standards of operation, the trustee’s responsibility cannot be determined, the safety of the trust property and the beneficiary of the legitimate rights and interests are not guaranteed, which greatly affect the healthy development of trust industry in china. Therefore, this paper mainly from the Anglo-American "prudent obligation", try to make a detailed study of trustee’s obligation of our country.In addition to the introduction and conclusion, this paper is divided into three chapters:Chapter one mainly talks about the summary of trustee’s prudent obligation. This chapter concludes three sections:The first section presents the development of prudential obligation in common law system. And in the second section the concept of trustee’s prudent obligations are introduced in brief. The last section presents the theoretical principles of prudent obligation.Chapter two introduces the specific standards of prudent obligation. This chapter includes two sections:The first section introduces the specific standards of prudent obligation of England and America. The second section mainly studys the care duty of a good administrator in continental legal system. And compare the standards of these two obligations, in order to find out the diffidence of the standards and which is more suitable to our country.Chapter three come up with the suggestion for changing and improving the duty of prudential in our country’s trust law. This chapter has three sections:The first section introduces the current legislation of our country in the field of trustee’s obligation. The second section makes a summary of the three principles of trustee’s obligation: Distinguish civil trust and commercial trust; Principle to judge in advance and in-process; Adaptation of responsibility and ability. The last section lists the specific standards of trustee’s prudent obligation in our country.