The Research On The Legal System Of Quasi-charitable Trust

The so-called quasi-charitable trust is the purpose of the trustthat is not100percent with the public welfare, contained part ofthe private interests of the Trust. This is distinct from the conceptof a public trust of the public welfare purposes. China’s currenttrust law does not recognize the quasi-charitable trust is one ofthe charitable trust. Mainly due to the legislators believe that thepurpose of the charitable trust should be complete, absolute andexclusive public welfare. The starting point of this legislation isgood, in order to prevent individuals under the guise of theestablishment of a charitable trust in the name of countries giventhe encouragement of the public welfare policy. At present, China’sactual situation, too much emphasis on the the charitable trustabsolutely public welfare is the cause of obstruction of a publictrust, not very conducive to the expansion and development of China’scharitable cause.I believe that to treat the purpose of the charitable trust shouldbe modeled on the United Kingdom to take a tolerant attitude to modifythe "Trust Law" complete and exclusive purpose of public welfareprovisions, recognition of the legitimacy of the quasi-public trust.Regional policy to allow appropriate conditions can be the purpose of a public trust in the case of trust law has not been modified tomake appropriate breakthroughs to come up with the courage anddetermination to deepen reform and opening, first try to promote ourcause of Charitable Trusts. Same time, the reference to the U.S.practice of separation mode of interest to treat the quasi-charitabletrust, this kind of trust in the public interest and the privateinterest part of the distinction between public interests sectiononly to give tax incentives and other policies encourage the publicwelfare. If the client already express the proportion of the publicinterest and the private interest of the proportion of the divisionof property in accordance with the wishes of the client, if theabsence of an express should be equal distribution of property forthe cause of public and private interests.Taking into account our current public welfare is still in its infancyawareness of the charitable trust, and at the same time by the RedCross Foundation, the impact of the scandal, the enthusiasm of thepopulace donors Foundation is greatly reduced. If we blindlyemphasized the charitable trust must have absolute public welfareis bound to create difficulties of China’s public welfare. Here, wecan learn from some of the practices of other countries, from its"relaxed" the purpose of the trust, and to allow the existence ofquasi-public trust as soon as possible in order to reduce thedifficulty of the establishment.The basic theory of quasi-public trust discussed in the chapter I,the chapter II discussed from the perspective of subject, object,in the form of a specific set up system, Chapter III alignmentCharitable Trust tax design analysis to prevent prospectiveCharitable Trust perishavoidance tool, Chapter IV on the future ofthe system design from the perspective of legislativerecommendations, Chapter V is the summary of the full text. I believethat in the future, with the increasing maturity of China’s publicwelfare, the further development of the market economy, the gradualtransformation of government functions and the progress of oneideology, quasi-charitable trust must also in the social life play an increasingly large role.