The Research On Legal Protection Mechanism Of The Beneficial Right Of Trust

Trust is a special property management system originated in the common law. Inthe trust relationship, there are three parties, trustor, trustee and beneficiary.Beneficiary is the party who enjoy the ultimate interests of the trust property, bothtrustor and trustee will be restrict by the purpose that benefit maximization ofbeneficiary, and therefore, the beneficiary is the most important party in the trustrelationship. However, In the operation of the trust, the beneficiaries doesn’tparticipate the trust action himself and doesn’t need to make positive behavior, whichusually acquire interests of the trust property passively according to the meaning oftrustor and do not manage and disposal the trust property directly, which resulted inbeneficiaries’ interests and rights easily damaged. There are right, there is relief, sothe law is necessary to build a legal system to protect the beneficial rights.Because of its flexible skill, special function and unique legal structure,Continent law system including China introduces the system. However, As a legalsystem that transplanted from common law, the practice shows that the trust system isrunning not very well in China. The cases of damaging the interests of thebeneficiaries usually occur. this not only blow to the enthusiasm of investor, but alsoaffected the development of trust system in China. Therefore, how to establish a asound legal protection mechanisms for protecting the beneficial rights. It’s the mostimportant thing in the legislative and judicial practice of China. In theory, the study on protecting beneficial right, mainly focusing on therestriction of the trustee’s duty, while the study on the protection of trust beneficialright is little. Therefore, this essay intend to study this theory, in order to make a littleof useful suggestions.This essay including five parts, the first part introduces the basic theory of thebeneficial right briefly, which gives a definition of the beneficial right, introduces thecontents that beneficial right including, and analysis the necessity of protecting thebeneficial right from both theory and practice.The second part discusses the legal nature of the beneficial right, the different ofits legal nature, not only is an academic debate, but also relate to the protection of thebeneficial right. Through analysis the different views about this problem, this essaythink that real right is the essence nature of beneficial right.The third part through analyzing the relationship between trust registrationsystem and protecting beneficial right, show the legislative defects on Trust Law inChina, combined with advanced experience in other countries, come up with someadvise for trust registration system.the forth part introduce the supervision system during the subsisting of trust andits affect on protecting of beneficial right, analyzing the problem the trust law facingnow, drawing lessons from the foreign relatively advanced trust supervision systemand perfects the appropriate trust supervision system in our country so as to protectthe beneficial right.The fifth part investigates beneficial right’s protection from the aspect of legalremedies when damaged by trustee. Trustee is the manager of trust property, thenominal owner, the most important role in trust relationship. Whether the trusteemanage and dispose of property rightfully, its relate to the This part beneficial rightcan be achieved by the beneficiary. The part firstly investigates what will arise thecivil liability, and then analyzing the insufficient legislation in China. At last, learningthe mature legislation of other countries on legal remedies, suggests how to improvelegislation about legal remedies in our country.