Study On The Protection Of The Beneficial Rights Of Probate Trust In China

Trust has been accepted by people for its unique value since its emergence.Probate trust is a special case under the legal system of trust and it can be regarded as the earliest trust phenomenon to some extent.Probate trust can perform the will better.Comparing with the succession and bequest of the probate trust,probate trust has more flexibility and feasibility in the disposal of the property.It is a great and creative design.Since China's transplantation of Trust Law,there has been no agreement on the disputes over the nature of beneficial rights of trust,and the protection of beneficiary rights has also been inadequate.Especially in the context of trusts where the trustee is absent,the measures and the feasibility of the protection of the beneficial rights are even more inadequate.Therefore,corresponding research needs to be carried out to summarize and propose measures and ideas for the protection of the beneficial rights in probate trust,which is helpful to make up for the inadequacy of China's probate trust system and activate the application of probate trust system in China.Under the proposition of protecting the beneficial rights of probate trusts,this paper is divided into four chapters.The first chapter is "the value of the protection of beneficial rights in probate trust",including three parts:(1)testamentary trust system evolution and to clarify the concept,(2)the theoretic value of protecting the beneficial rights to probate trust,and,(3)benefit of protecting beneficial rights to the practical value of probate trusts.First of all,this chapter clarifies the connotation and conception of the probate trust,then demonstrates the theoretical value and the practical value.Finally,it points out the necessity and social significance of protecting the beneficial rights of the probate trust.The second chapter is "the deficiencies of protecting the beneficial rights in probate trust in China".This chapter analyzes China's trust law and points out that there are four problems in it,including:(1)the incompletion of the system of public registration of trusts,(2)the lack of trustees leading to the failure of supervision,(3)the lack of legal restrictions on trustee's obligations,and,(4)the lack of beneficiary's right in supporting legislation.This chapter reviews the defects of the trust law,analyzes the causes of the defects,and prepares for the proposed system.The third chapter is "the experience of the protection of beneficiary rights in probate trust ".It is divided into two parts:(1)protection of beneficiary rights from the perspective of the trustee,and,(2)protection of beneficiary rights from the perspective of beneficiaries.This chapter analyzes the laws protecting the beneficiary rights in probate trust among various countries,and finds out that Identifying the rights,obligations,and responsibilities of beneficiaries and trustees in probate trust is a general way to protect the beneficial rights of probate trust.The matching of the rights and obligations between the equal rights subjects,and the clarification of the main responsibilities can protect the probate trust beneficial rights.The fourth chapter is "the perfection of the protection on China' s beneficiary rights in probate trust".It puts forward suggestions from three aspects:(1)improving the public registration system of trusts,(2)constructing probate trust monitor system,and(3)implementing beneficiary supervision and remedy rights.At the level of the protection system,this chapter discusses the trust registration system introduced recently in China,and points out that the system does not pay enough attention to probate trust,and it should be amended to provide protection for probate trust.Learning form the mature experience from other jurisdiction,it is proposed to set up a probate trust supervisor system.At the level of the allocation of basic rights and obligations,in order to enhance the protection of the beneficial rights in probate trust,the idea of amendment is proposed from the perspective of the beneficial rights of cancellation in the context of China's legal environment.