The Public Trust Supervision System In China

Public trust is distinctive and creative in the common law legal system, through constantdevelopment and perfection, has become an indispensable important content innglo-Americanlaw system. Public trust is a charity fund-raising effective platform, is a kind of effectivemanagement of public property, is also a good system to promote social fairness and justice,and boost the development of the country within a constant thrust, to standardize the socialmanagement of the donated property and the value and public trust plays its unique function.Early transplant the system of public trust in our country, but because of the defects existingin the migration process, and not make public trust completely into the legal system of ourcountry, has been in the stage of exploration. In2001, China promulgated the "trust law, thepublic trust is a chapter of the trust law, a lot of laws rules too general, especially the publictrust supervision system is not sound. So far, our country’s public trust system is not effectiveimplementation, to achieve the desired effect, thus consummates our country public trustsupervision system, the establishment and regulation of China’s basic national conditions thatmeet the needs of the public trust model, it is of great significance to the development ofpublic welfare undertakings.The text of this article is mainly composed of four chapters, the first chapter is theoverview of public trust and public trust supervision system. The first part of this chapter ismainly enumerates the national legislation for the meaning of public trust, most countrieshave adopted the enumeration method will be the most common and most important publicwelfare purposes listed in the law, expounds the functions of public trust, and through thecomparison with other related concepts, demonstrates the unique nature of the public trustfurther underlines the importance of public trust to public welfare undertakings. The secondpart mainly expounds the connotation of the regulation of public trust, characteristics, corecontent and the necessity of the supervision of public trust. Due to its own characteristics suchas beneficiary’s widespread public trust and specific qualitative, the dispersion of the principal,etc., makes the position of the parties is very unbalanced public trust, therefore the trustee ofpublic trust supervision system is a regulation laws, is the key to the efficient operation ofpublic trust.The second chapter analyzes the countries of Anglo-American law system andcontinental law system countries public trust supervision system development process,analyzes the characteristic of the public trust supervision system of two important legal systems, has been clear about the two big law regulation of individuality andcommonness, public trust is not due to incompatible confrontation. In legislation in Chinashould refer to two major legal systems for years summary of rich practical experience,explore a unique characteristics of the Chinese public trust legislation mode.The third chapter is mainly analyzing the pros and cons of public trust supervisionsystem in China. Every law has its own characteristics,"the trust law in our country is noexception. According to our country’s basic national conditions, created some unique legalprovisions, but at the same time in the establishment, operation of public trust, the end of eachlink are also exist deficiencies, this chapter has carried on the detailed description.Fourth chapter respectively from the market access mechanism, operation mechanism ofpublic trust in our country and termination mechanism is put forward concrete Suggestions ofperfecting our country’s public trust supervision system, hope that the public trust level notonly exists in theory in our country, but as in Britain, the United States, Japan and othercountries fully applied to public welfare undertakings, contribute to promote the developmentof China’s public welfare undertakings.