Research On The Legal System Of Charitable Trust Supervisor

Trust originated from Britain, but trust supervisor system is established in the formof written law in civil law system firstly. Charitable trust supervisor is a kind of trustsupervisor, and it plays an important role in the charitable trust. In recent years, with thepublic welfare developing, people are increasingly concerned about public welfare, andmany problems that have existed in public welfare are gradually exposed. Charitabletrust as a kind of public welfare that has its own unique advantages, its charitable trustsupervisor system could compensate for the weaknesses of other public welfare in theregulatory aspects. It could be used as an effective way to restore public confidence andto further promote the healthy development of public welfare. Although the contents ofcharitable trust supervisor are provided in Chinese trust law, but it has only a few. So ourcountry needs to improve the legal system of charitable trust supervisor and regulate thebehavior of charitable trust supervisor, in order to promote the healthy development ofChinese charity.This paper is divided into three parts that they are the introduction, the text and theconclusion, and the text is divided into four parts:The first part describes the basic theoretical issues of charitable trust supervisor.First, it defines the connotation of charitable trust supervisor by comparing with theconcept of charitable trust manager. Second, it clears that charitable trust supervisorshave an independent legal status by analyzing the relationship between supervisor andprincipal and trustee and beneficiary of charitable trust. Finally, it compares and analyzesthe relationship between the supervision of charitable trust supervisors and thesupervision of principal and the supervision of beneficiary and external supervision.The second part researches the extraterritorial legal system of charitable trustsupervisor. It introduces the legal system of charitable trust supervisors of United States,Japan, South Korea and Taiwan, and it evaluated the legal system of charitable trustsupervisor of them through comparing and analyzing.The third part describes the current situation of Chinese legal system of charitabletrust supervisor and current problems. These problems are mainly that lack of rules of theaccess, change and exit of charitable trust supervisor, the rule of rights, obligations and responsibilities is fuzzy, lack of coordination mechanisms between many charitable trustsupervisor, and the conflict rules of charitable trust supervisory power is a blank aspect.The fourth part makes suggestions to current problems for improving the legalsystem of charitable trust supervisor. It includes that improve the access, changes andexit norms of charitable trust supervisors, improve the system of rights, obligations andresponsibilities of charitable trust supervisors, establish coordination mechanismsbetween many charitable trust supervisors, and clear the conflict rule of charitable trustsupervisory power.