A Study On The Public Trust System Of China

Public welfare and overall development of China’s social reform road matches, with the reform into the deep water, the development of public welfare is also facing a bottleneck, due to institutional problems of public welfare cause Ponzi scam consequences of public welfare gradually. The main force of China’s public welfare undertakings to promote the Foundation, the Foundation in recent years about the frequent scandals, which greatly influenced the development of China’s public welfare undertakings. Lead to welfare deeper into the bottleneck of the reasons is that the mode of operation of the Foundation is accepting donations, spending donated to charity, and then be accepting donations mode, lack of effective asset preservation for public service, value-added capabilities. This is our welfare Ponzi scheme.An effective way to solve their own advantages charitable trust system is to deal with these problems, but since2001,"Trust Law" established charitable trust system, the development of public trust is almost stagnant, practitioners are rarely perfect Charitable Trusts items appear. Dual ownership system and the foundation of public trust in our legal system itself, conflict is an indisputable fact, but I believe that this is not a charitable trust to solve the major contradictions of the system development. Now, trust law has confirmed the independence of public trust property, then can be anchored around the building supporting systems to promote the development of public trust. With this year’s Political Consultative Conference CPPCC members at the meeting raised in Shenzhen before the sea appeared the pilot construction of public trust of the proposal, the development of public trust is about to usher in a rare historical opportunity, I will try to put cost-oriented charitable trust system improvement program. Article detailed structure is as follows:The first chapter, for explaining the present stage of public trust system to improve the main contradiction is not in the public trusts the dual ownership of the foundation of our legal system in question, but rather supporting institution building to an independent charitable trust property as the core. And the relative ratio of public trust and other systems, highlighting the advantages of the system of public trust, paving the way for the drafting to do next.The second chapter, with detailed data show that the role of the United Kingdom, the USA, Japan, the three countries of the welfare system in the mainstay in charitable trust, continue to highlight the superiority of the charitable trust system.The third chapter describes the specific reasons for the development status of China’s public welfare and charitable trust in our system of slow development.The fourth chapter presents a cost-oriented charitable trust system improvement program that is, under the premise of maintaining the existing legislation, through mutual checks and balances between the existing welfare systems more realistic believers. Improvement program includes two basic aspects of the legal system and incentive system. Specifically including nonprofit charitable trust is definitely a breakthrough, semi-mandatory law firms established in the core of the system of public trust supervisors, administrative regulators unified public trust and give it the responsibility of promoting the progress of the national welfare, the trustees elected narrows as a trust and improve the tax incentives in five areas.