| The beneficiary, as the core of the trust system, has no sufficient relief approachand system protection in current Chinese law. The approximately complete overlap ofthe trustee’s rights and beneficiary’s rights may lead to excessive intervention of thetrust plan and trust property by the trustee, which seriously impedes the exercise ofthe beneficiary’s right. While the trustee completely controls the trust property,incompletely discloses trust information, the beneficiary has no way to enjoy the rightto know and right of supervision adequately. Under the circumstances of insufficiencyof ex-ante protection，the beneficiary could get remedy through compensation rightand recession right only after his right has been infringed. But such post-relief morelikely costs the trust beneficiary more.So we confer direct rights of relief on the trust beneficiary when his trustbeneficiary right is confronted with oncoming infringement. The writer creativelybrings up the concept of subrogation right of trust beneficiary on the foundation of thetheory that the trust beneficiary enjoys right of obligatory claim to the trustee, andusing the theory of creditor’s subrogation right as reference, under which thebeneficiary could substitute for the trustee claiming a due debt against a third party inthe name of himself. Comparing with insurance subrogation and creditor subrogation,trust beneficiary subrogation has intrinsic characteristics. The maneuverability of trustbeneficiary’s subrogation right will be increased by the establishment of thismechanism. |
