The Trust Man's Intervention Right On Rural Land Trust And Its Implementation

As a new compound of trust mechanism, financial institutions and modern agriculture, rural land trust has its own inherent flexibilities. However, the dual ownership nature of trust in common law system has encountered a series of problems as it blends into the traditions of civil law countries. Among them all, is the oversize of the client's interest field, which leads to a result that he interferes and acts as a “controller”, even if his legal position has been previously set as a “supervisor”. This article is mainly about trust man's right to interfere: starting with introducing the basis of the right; then analyzing its properties and restrictions; and putting forward proposals to guarantee its implementation. The specific efforts have been done as follows:For starters, introducing the foundation of the trust man's right to interfere. Based on the related literature home and abroad, creditor's right can be taken as a foundation in common law system due to the dual ownership of trust, while real right provides one civil law countries thanks to the absolute ownership traditions. After that, the theoretic, systematic, and practical foundations of China's innovation in empower him a wider range of rights have been fully discussed.Secondly, analyzing the properties of the intervention right. Beginning with the legal orientation of the right in rural land trust, the rights and duties of trust client, trustee, beneficiary, and the third man have respectively been analyzed, and the applicable scope of the intervention right under the trust agreement circumstance and contract conclude between trustee and the third man, has also been elaborated.Thirdly, analyzing the restrictions of the intervention right. By means of performing rights of veto, cancellation, altering beneficiary or disposal the beneficial right, approval or verdict, trust man can directly or indirectly interfere with the trust, holding a highest status even after the trust has been set up, which leaves great necessity to restrict his rights and set up corresponding supervision and responsibility mechanism.At last, putting forward proposals to guarantee the implementation of the intervention right. Due to the existing interest field of trust man, the wrongful implementation of the intervention right may generate some unpleasant legal effects such as expansion of trust man's interest field, limitation of trustee's willpower, jeopardizing the interests of beneficiary, influencing the independence of trust property or the separate design of trust. Therefore, it is rather necessary to build up some corresponding systems to guarantee the proper implementation of this right, i.e., transform the legal status of trust man, complete the fiduciary duties of trustee, improve registration and publication system, set up “puncture” mechanism for creditors and tax collectors, complete auditor system, etc.