On The Improvement Of Charitable Trust Supervisor System

The trust legal system originated in the United Kingdom, from the date of its birth has been promoting the development of services in the public welfare. But Britain has no clearly defined Charitable Trust Supervisor System in their trust laws, the earliest form of law provision is in Japan which belongs to civil law, South Korea and Taiwan Province of China also draws on this approach. The Article 64 in China’s "Trust Law" clearly stipulates public trusts should set public trust supervisors, this provision clearly followed the practice of civil law countries. However, the provisions of China’s Charitable Trust Supervisor System are too simple and general. The functions of supervising the trustees and protection of beneficiaries has not been effective played, which seriously affected the development of China’s charitable trust industry. Based on the importance of charitable trust supervisors build, run, maintain the public trust legal relationship as well as the lack of existing laws, this article has been studied the related questions on the improvement of Charitable Trust Supervisor System.Thesis are made of three aspects which are introduction, body and conclusion. The main structure of the article is divided into three aspects :The first part is a introduction of the principal theory of Charitable Trust Supervisor System. This article discussed the legal nature of the surveillance of public trust rights and the legal status of charitable trust supervisors, clarified the legal property of the trust supervision are the civil rights and the legal status of the charitable trust supervisor is independent and equal, which laid the theoretical foundation to lead to the supervisor system defects that are on the legislation as well as the improvement of Charitable Trust Supervisor System for later text.The second part introduces the Legislative Defects of the Charitable Trust supervisor system. Based on the combination of extraterritorial legislation and national social practice, specifically addressed six defects in legislation which includes the post office grid, standards of elective, resigned,dismissal and change, system of rights, obligations and responsibilities as well as internal and external conflicts.The third part puts forward the improvements of the legislative defects above. Autonomy as the center, so most of the suggestions are arbitrary norms, fully embodies the principle of private autonomy.