The Research On The Beneficiary Rights Of Charitable Trust

Since the disastrous earthquake Of WenChuan took place in2008，applying theCharitable Trust to the public welfare establishment has been carried out in ourcountry. In this recent years, the team of Charitable Trust has been survived andthrived. At present, the Trust Law in our country concerning the provision ofbeneficiary irght is relatively disperse and general. In this aspect, the law has onlyprovided the prosecution right to the public welfare management organization. But itis still very common to cause damage to beneifciary in practice. The trustee of thetrust practice’s abusing of rights, making the damage of interests of the beneficiariesof cases usually occur. The beneifciaries of the trust interests are the ultimatewinners and the possessors for the purposes of the trust welfare. Therefore，it is verynecessary to give a complete and systematic analysis for the beneifciary rights ofCharitable Trust. For a long term, Charitable Trust beneifciaries have beencontroversial concerned with whether they have the legitimate rights, but once thebeneficiaries of the Charitable Trust have been determined in the operation, they willbe able to enjoy equal beneifcial irghts with the Private Trust beneifciary. In addition,studying on the two countries of their legislation on beneifciary rights and thengeneralizing the main contents of trust beneifciary irghts, we ifnally come to theconclusion that the beneifcial interest contains trust beneifts claims, the right ofinformation, balancing the tracking irghts and canceling irghts, restoring the originalcondition and the plea rights for damage compensation, etc. Aiming at the relatedissues about beneifcial interest, a series of recommendations to improve the rights ofthe beneifciaries of charitable trust relief have been put forward. On the exercise ofthe beneficial irght, the legal nature of the law, the subject and the ways of executionhave been mentioned and concerned. Moreover, comments on two schools of reliefmechanisms have been made, which claims that the relief mechanism is morecomplete in UK, so it is very practical for that of China to study. In China, thebeneficiary irght should be characterized as property right, and then we can executethe irght to track for the trustee or the non-bona ifde third to protect the rights ofbeneficiaries better. In perfecting our countr’ys charitable trust regulation,strengthening the supervision mechanism of the beneficiary and charitable trustsupervisor is essential, as well as clarifying the qualifications and authority ofsupervisors. In the process of operation of Charitable Trust system, we should strictly control the expansion of the irghts of a trustee in a Charitable Trust bybuilding recognized qualifications on beneifciary determination and procedures onequal distribution of the trust beneifts to limit the irghts of the trustee. Besides，byanalyzing the characteristics and the role of judicial relief, procedures and means ofcharity beneficiary of a trust to exercise their irghts have been perfected, then inorder to improve the effectiveness of judicial remedies. Changing our charitablebeneficiary irghts relief can make great contribution to strengthen the influence ofthe charitable trust, to enforce the effectiveness of the charitable purposes of thetrust and to protect the interests of beneifciaries.