| After several centuries of perfect development,the trust system originated in Britain has become a worldwide standard of legal system and plays an indispensable role in people's daily life.Since China promulgated the "Trust Law" in 2001,the trust industry has grown by leaps and bounds in our country and has become a financial pillar industry that keeps pace with the financial,insurance and securities industries.As of the end of the third quarter of 2017,the market holdings of trust assets have reached 24 trillion yuan.It can be said that playing a decisive role in China's financial markets and the country's economic life.Different from the traditional English trust inherited from property management,in the beginning of system introduction,our country focused on investment and financing as a means of investment to exert the use of trust value.So similar to Japan and many other civil law countries,our country is dominated by commercial trust.The characteristics of the local trust,which is dominated by commercial trusts,determine the importance of cautious investment obligation regulation.Whether the trust assets can be stabilized,the beneficiaries' interests can be maximized,and whether the trust industry can develop healthily and continuously depends largely on whether the trustee can fulfill the trust business by a cautious person.Do not try to be careful,attentive,diligent,cautious as a professional ethics.Due to the fact that China's "trust law" does not meet the requirement of trustee's discretionary and discretionary rules to meet the steady development of trust practice,it can not provide guide for the trustee in practice and can not provide guidelines for the actual trial of specific cases in court.Therefore,the prudent obligations and prudent investment obligations in China's "trust law" to make up for improvement will be China's "Trust Law" reform outline.This article is divided into four chapters,elaborating from four aspects: the concept of cautious trust duty,the origin of history,the investigation under the perspective of comparative law,the existing problems in our country and the status quo of legislation as well as the suggestions for improvement.The first part clarifies the central role of the trustee in the legal framework of the trust parties by clarifying the concept of the trust and the law structure of the trust so as to clarify the constraints on the trustee's obligation regulation,the protection of the beneficiaries' rights and interests and the steady development of the trust.Through a historical development of cautious obligations and conceptual analysis,we can make a general understanding of the trustee's obligation system in a macroeconomic sense.The second part is based on the perspective of comparative law,through the prudence and prudence of the United States and the United States mature,cautious investment obligation theory elaborated,and its comparative analysis with the attention duty of the good manager under the civil law system to examine their respective advantages and disadvantages,Law Trustee Cautiousness of the establishment of the theory and reform provide a reference.The third part is to sort out the status quo and existing problems of the legislature of cautious obligations of trust law in our country.Through combing through the law,we can find that our trust law is prudent and simple,abstract and simple,and can not provide concrete guidelines for the trustee's substantive operation.The abstract ambiguity of the concept can not effectively regulate the trustee's rights.In the fourth part,by referring to the mature prudential obligation theory in the Anglo-American countries,especially considering our country's actuality of commercial trust,this thesis focuses on the reference of the prudential investment obligation theory in the United States so as to perfect our country's trustee's cautious obligation.Through legislation and drawing lessons from extraterritorial laws,it contributes to the sustained,steady and healthy development of China's trust industry. |
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