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Research On The System Of Charitable Trust Supervisor

Posted on:2018-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2336330539475039Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Charitable trust originally was born in Britain,the British for charitable trusts regulation,respectively been royal prosecutor,the court of chancery,special supervisors,and so on,but with the continuous development of the British charity trust industry,in today's Britain will set up the unified national charitable trust supervision committee.But now China's charitable trusts are in their early stages,and the regulation of charitable trusts should not be set up nationwide.The development of charitable trust in our country was very limited,so starting from the actual situation of our country,set up according to the actual circumstances of the charitable trust supervisor supervise trustee of the charitable trust prompted the trustee fiduciary duty correctly,and not to rush to set up such as the China insurance regulatory commission,securities regulatory commission,the China banking regulatory commission and other national unified supervision and administration of charitable trust institutions.In 1601,Britain enacted the act of charity for reasons,also called the act of Elizabeth I,but the charitable trust in the UK produce far earlier than the act of charity for reasons of time,but our country introduced until 2016,the charitable act of charitable trust for our country is still a new thing,about the charitable trust in our country and the charitable trust supervisor system of relevant provisions of the basic is in a state of blank.It is a good thing for the development of charity in China.The purpose of the study of charitable trust supervisor system,is the hope in charitable trust system in China to build a reasonable charitable trust supervision system,clear the status of the charitable trust supervisor from the legal,the rights and obligations,etc.,makes the supervisors to agent will handle the entrusted affairs to form a reasonable,and the supervisors of the supervision of the trustee should not affect the trustee properly handle the entrusted affair.Or through the rationality of the existence of the charitable trust supervisor system,make the supervision of the charitable trust supervisor actively fulfill their duties,so as to promote the development of China's charitabletrusts and charity research purposes.The development of the charitable trust,the key lies in the charitable trust trustee how to properly manage and disposes of the trust property,just as the sun is the best preservative,set up in the charitable trust supervisor system is necessary.This paper introduces the background,meaning and methods of selection.The second chapter is the trust,charitable trusts,the concept of the charitable trust supervisor and the legal status of the charitable trust supervisor,clear what is the trust,what is a charitable trust,what is a charitable trust supervisors,the value of the charitable trust supervisor to set up and set up the way and so on.This paper expounds the value of the establishment of the charity trust monitor system,thus the necessity of setting up a charitable trust supervisory person.The third chapter mainly analyzes the rights and obligations of the charitable trust supervisor responsibility,what rights mainly analyzes charitable trust supervisors and shall perform the obligations,as well as in the supervisor rights abuse cases should be what kind of responsibility,and in the change of the supervisors supervise right after the supervisors abuse problem.The fourth chapter analyzes the problems and causes of the system of charitable trusts.The problem is that the laws and regulations of the Chinese people's trust watchdog system are not sound.The charity trust watchdog is not deeply researched;In practice,the supervision of the charity trust supervisor is not enough to pay attention to and supervise the conflicts of supervision between principals.The main reason for this is the difference between the Anglo-American legal system and the legal culture of the mainland.China's charitable trust system is late;In practice,there is a lack of correct understanding and the existence of multiple supervisory bodies in China.The fifth chapter analysis of the improvement of the system of charitable trust supervisors,including the legislation of the legislature to strengthen the supervision of charitable trusts;To improve the conditions for the appointment of a charitable trust supervisor;China should strengthen the theoretical research of charity trust supervisors from the theoretical level;In practice,we should attach importance to the monitoring role of the charitable trust supervisors;And the way of resolving conflicts of supervision.Through the research on these issues,the author puts forward his own views on the development of charitable trusts and charities in China.
Keywords/Search Tags:charity, trust, supervisors
PDF Full Text Request
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