On The Trustee’s Civil Liability Of The Trust Law

Trust system originated in Britain, the continuation of centuries, and today hasbeen developing all over the world, and was admitted by national legal system. It is akind of by the client to trust property trust and the trustee, the trustee for the benefit ofthe beneficiary and in order to achieve a certain purpose, disposes of the property in aproperty management system. In the trust relationship of the parties, the trustee hasalways been at the core position. From an since the establishment of the trust to theend of each stage, can have no client can also be the beneficiary, but alone can notlack of trustee. National trust law in order to ensure that the trust system flexibility,make full use of the trustee’s financial ability, give play to economic benefit, thetrustee has great space. It is such a flexible space, lurks a trustee in a variety of meansto make trust interest is the risk of erosion. The trustee responsibility system on theone hand to the trustee actions have the effect of constraints and guidance, on theother hand also to recover after the trust property is damaged, make up for. Therefore,the trustee responsibility system existence of trust relationship is of great significance.In the early20th century had to introduce the trust system in our country, butshortly after the establishment of the People’s Republic of China was abolished, untilApril28,2001, promulgated the trust law, and in October the same year. The trust lawof the People’s Republic of China in safeguarding the lawful rights and interests ofthe parties to a trust, and guarantee the development of trust industry has played avery important role, also for trust industry has brought the good developmentopportunity. However, China’s trust legislation about trust entrusted people’sresponsibility also has many imperfect places. About entrusted people’s responsibilitytoo scattered, no system, no clear the character of the entrusted people’s things, faultimputation principles, standards and other issues, to some extent, restricted the trustsystem shall have the effect of the play.In addition to the preface and epilogue, this article is divided into six chapters:The first chapter analyzes the legal connotation of trust responsibility entrustedpeople things. First of all, this chapter embarks from the concept of legal liability, the entrusted people’s responsibilities are defined. Second, the common elements to legalresponsibility as foothold, into the particularity of entrusted responsibility people’sthings, the entrusted people’s characteristic of the responsibility carried on thethorough analysis.The second chapter discusses the entrusted people’s responsibility foundationproduced by the trustee obligation. This chapter combined with national legislationand academic ideas about fiduciary duty, respectively discusses the duty of loyalty,duty of care, management, personal management obligations respectively, commonmanagement, fair obligations, information providing compulsory seven. Among themare emphatically summarized three situations of conflicts of interest and two standardof duty of care.Third chapter on the analysis of the Anglo-American trust law and continentallaw system in the procedure of the entrusted people’s matter responsibility, on thebasis of the main point of the nature of default and infringement discussion, to draw atrustee responsibility people’s things as default infringement dual nature.The fourth chapter from the general theory of civil liability imputation principle,discussed the countries for the choice of the principle of imputation, draw people’sresponsibility should a trustee to is given priority to, the fault presumption of faultliability and strict liability is complementary. At the same time at the end of thechapter analyzes the entrusted people’s heavy responsibility standard of fault.The fifth chapter discusses the entrusted people’s things. The specific content ofthe responsibility Including fiduciary responsibility means: people’s things,compensation for losses and recovery property is solution, complete, disclose therelevant records; And the people’s matter responsibility exemption: legal liabilityexemption reason reason and agreed. The comparative analysis of the ground rules onthe legal relief rules, think our country trust law regulations, there is a big loophole,this makes the trustee imbalance between rights and obligations.Chapter6first carried on the thorough analysis about the present situation ofChina’s trust law legislation, summed up the purpose in the duty of care, duty ofloyalty, trust, imputation principle, the lack of fault recognition. Finally in theevaluation rules of trust law of the trustee liability in our country, on the basis of status quo, put forward their Suggestions to trust law perfect: a clear duty of carestandard, perfect the rules for duty of loyalty, increase the exemption stipulated,reforming the legislative system fault form.