A Study On The Trustee System Of Public Trust In The Perspective Of Charity Law

With the development of Chinese trust industry,business trusts have occupyied the mainstream of the industry.Although there are academic reference to the civil trust,but there is not find a typical civil trust in our real life around the country.There is a chapter used to explain the public trust in “Trust Law”,public trust is the most restricted by the laws because public trust is special.The trustee is the core part in trust relationship.The trustee accepts the commission of the client to achieve the purpose of the trust by managing the trust property.The trustee's behavior can not be supervised because there is none-specific beneficiaries,the laws intend to let trustee bear a heavier duty.In 2001,Chapter 6 of the Trust Law stipulates the public trust,which embodies the determination of the legislator to develop the public trust,but the result is not satisfactory.In order to find a new direction of the development of public trust,March 16,2016,"Charity Law" use the special chapter to stipulate the charity trust,as a public trust to further explore the cause of public welfare.Charity Law cleared that public service management authorities is the civil affairs department,and changed the approval system for the record system.Using this way to improve the efficiency of the establishment of public trust.First of all,this paper analyzes the problems of public trust in China,and finds out the solution for the trustee system of public trust in our country and put forward our own suggestions.This paper is divided into four parts:Part1: This part introduces the history of trustee of public trust,and find out the problem exists in legislation and practice.Part2:Charity law get a great improvement to find some solutions make trustee of public trust system perfect.For example,it is clear that the public welfare trust authority is the civil affairs department,make different public welfare trusts is headed by different organs to end.Change the approval system for the record system,greatly reducing the entry threshold.It is clear that the trustee can be held by trust companies and charitable organizations to expand the scope of public trust trustees.But these changes are not only positive,but also negative,this changes are based on the current status of the development of public trust to make it better by using these ways.The author discusses this problem from the bad aspect and good aspect to make it better.Part3:This part compared trustees' rights and obligations with these developed countries such as America,Japan and Korea.And using this way to find out the reasons why there are a lot of problems about the trustee of public trust system.Part4: In view of the problems existing in the legislation and practice of the trustees of public trust in our country,and put forward our own suggestions about tax concessions,trustee qualification,information disclosure and supervision.And to let charitable organizations and trust companies cooperate together as common trustee to make public welfare undertaking better and better.