The Perfecting Of The System Of Charitable Trust In China

In recent years, Zhang Ziyi "tax fraud"," Guo Meimei incident " broke out, leading tosuffer a disastrous decline causes such as the Red Cross Foundation appeal and credibility, theroot and foundation system out of the question. Charitable trust is another important way tothe development of public welfare undertakings, which is characterized in that the beneficiaryof a trust can be better protected, and has set up the characteristic and property and convenientprocedure of independent advantage, so in the countries of Anglo American law system, trusthas been greatly used in the field of charity. Like Japan, Korea and the countries of thecontinental law system is also widely introduce public trust, its purpose is to remedy thedefects of legal system country. Our country also began to introduce this system since2001,"trust law".But because of some social and institutional factors, charitable trust system in ourcountry have so far. In the legal relationship of public trust, the trustee plays in accordancewith the client’s public management and disposition of the trust property, so as to ensure therealization of the right to benefit from the important role of the beneficiary, is the mainstay ofpublic trust in the party. So to perfect the system of charitable trust for charitable trust systemis crucial in our public domain development.In view of this, this paper uses the methods of literature review, comparative analysis,through the comparison of the system of charitable trust and legal system two, analyzes theadvantages of public trust, and that at present our country establishes the urgency to perfectpublic trust. Then the charitable trust system in practice the use of defects in thinking, andlearn from foreign trust industry in developed countries, put forward some suggestions toimprove it.This paper is divided into introduction, body and conclusion of three parts.The text is divided into four parts:The first part first gives an overview of the public trust, covers the origin, legalcharacteristics and value of the system of public trust, facilitate the discussion below; then onthe public trustee can play an important role in the legal relationship of thinking, anddemonstrated to improve public trust by the trustee system necessity.The second part, the beginning of provisions concerning the public trustee qualificationof the two main legal systems at present, at the same time, the relevant provisions of the law of our country are analyzed; then by comparing the two big legal systems foundation system,proposed the establishment of foundation and the Trust Investment Company as a dual systemof public believers trustee, play two respective advantages.The third part is the trustee of charitable trust special rights and obligations of contentanalysis, due to the current legal provisions on this aspect are not detailed and specificprovisions, the proposed learning the Anglo American countries, the legislation on the rightsand obligations of concrete, to make it more directive and operational.The fourth part discusses the construction of China’s charitable trust supervision system.