The Research On The Trustee Obligation Of Charitable Trust

As the British legal historian Maitland said: the Trust system made by British is the greatest achievement in the field of law.Since the Trust system appeared,it has been applied in most countries of Anglo-American law system and Continental law system.Today,Trust plays a more and more important role in the development of modern economy,together with the banking,the securities industry,the insurance industry to become part of the modern financial industry.With the development of economy and the diversification of property types,the scope of the use of the Trust is also expanding,promoting the country's social development.As an important part of Trust-Charitable Trust,played a role in promoting the development of national philanthropy and the public welfare.Of course,the same with Civil Trust,Commercial Trust,the trustee is in the central position in the trust legal relationship: the degree of trustee obligation is directly related to the realization of the principal purposes and the protection of the rights of the beneficiary;but also related to the development of philanthropy and the protection of national,social and public interests.Therefore,it is necessary to strengthen and improve the trustee obligation.This paper mainly consists of three parts: preface,text and conclusion.In the body: First of all,discusses the origin and development of Charitable Trust;Secondly,with the development of philanthropy in China in recent years,make a further discussion on Charitable Trust.At the same time,we shall be determined from the theoretical analysis to analysis the scope of the obligations in Charitable Trust;Thirdly,from the legislative level and practice level,four outstanding problems in China Charity Trustee obligation are found: the qualification of trustee,provisions of obligation of trustee,the supervision to trustee and legal liability of trustee.Finally,in order to promote the healthy operation of Charitable Trust in China and to promote the development of social charity,we put forward some suggestions,which is based on the reality of our country and the experience of other countries.