The Research Of Family Trust Protector System

Based on the practice of family trust in China,this article discusses the content of the protector system of family trust and the necessity of establishing protector system in China.Then,some suggestions are put forward for the construction of it in our country.Besides the preface and epilogue,this article is divided into five parts.Part 1: The overview of family trust protector system.With china's high net worth group's expanding,the need of property intergenerational heritage is urgent.Family trust's property protection,inheritance function are powerful ways to solve this problem.However,the lack of traditional trust history in China has created a sense of unfamiliarity to the family trust.This part defines the concept of family trust protector,introduces the history,function and legal status of it.Part 2: The legislative model of family trust protector system.The basic content of the family trust protector system includes the establishment and change of the protector,the rights,obligations and the responsibility.In the construction of the system,countries or regions will reflect a certain difference.This part analyzed the main offshore area,the United States and Japan's law system,which provides a basis for the construction of the protector system in China.Part 3: Legislative status and practice of family trust system in China.In the practice of family trust,there are some problems such as the absence of qualified trustee and the misuse of the rights of settlors and beneficiaries.In the trust legal system,the supervision mechanism of private trust is absent.The development of civil trust is much slower than that of business trust.Family trust is part of civil trust,the protector system can be built for the whole private trust supervision system to create a precedent,and respond to some problems of the practice.Part 4: The realistic necessity of introducing family trust protector system in China.The establishment of family trust protector system is a good medicine to solve these problems discussed in Part 3.The necessity of the establishment of it is as follows: to optimize the external operating environment and internal operation mechanism of family trust,including perfecting the supervision mechanism of private trust in our country and meeting the realistic demands and protecting the trust investors,promoting the benign operation of the family trustand so on.Part 5: The construction of family trust protector system.The principles of the construction are as follows: our country's condition,moderating and coordinating with others.The content of this part is mainly about the qualified protector;the protector's rights,obligations and responsibilities.We should always take the relationship about the settlor,trustee,beneficiary and protector into consideration,as well as the relationship between trust contracts and trust law.Only in this way,can we construct a suitable system of family trust.