Improvement Of Charitable Trust Supervisor System In China

Originating in Britain, Trust has been kept serving the public welfare utility from thevery beginning. However, regulation of charitable trust supervisor in Britain is nearly blank.Trust supervisor is first established in Japan Trust Law. Based on the Trust Law of thecontinental law system countries, the Trust Law of the people’s republic of China makes aclear regulation that there must be trust supervisor in the public welfare trust system.However, the provision of trust in China is imperfect. Act on the supervisor of publicwelfare trust is too simple that the trustee can’t effectively perform their duties and effectivelyprotect the interests of beneficiaries, which blocks the conduct of the public welfare trust inChina. In this dissertation, author focuses the study on system improvement of charitable trustsupervisor as four sections.First, it elaborates the charitable trust supervisor system. Based on the analysis of thesystem of charitable trust supervisors, this dissertation demonstrates the Legal status of acharitable trust supervisor in two aspects. It discusses the necessity of the establishment of thesystem of charitable trust supervisors from both theoretical and practical aspects, and alsoreveals that charitable trust legal system should be improved from the respect of charitabletrust supervisors.The second part points out that the defects of the supervisor system of the charitable trustin the Trust Law of PRC. Five defects of the legislative deficiencies are introduced in detail,including no job requirement, unclear regulation of position power, the shortage ofobligations and responsibilities, no solution to the conflicts between different supervisionand lacking of supervision to public trust supervisor monitoring rights.The third part explores the charitable trust supervisor systems in other countries andregions. Introduces the provisions of British and American law in common law systems aswell as the provisions in the continental law systems of Japan, South Korea and Taiwanregion of our country. By comparing the different provisions of the charitable trust supervisorin different countries and regions, this dissertation intends to provide possible improvementby transplanting other legal provisions. The author hopes this will be able to help theimprovement of our charitable trust of supervisor system. The last part provides some suggestions for improvement of the supervisor system in ourcharitable trust. Base on the defects of our charitable trust supervisor system and thedifference of the provisions in two legal systems. The author attempts to offer severalsuggestions in job requirement, position powers, obligations, responsibilities, the solution tothe conflicts between different supervisors and the supervision in supervisor system of ourcharitable trust. The suggestions are aimed to improve our charitable trust supervisor systemcomprehensively.