The Analysis Of Trustee's Prudent Duty

Currently,the business trust is the largest and the most innovative trust type,which plays a pivotal role in China's asset management industry.Trustee has a significant impact to the benefit of the trustor and the beneficiary.Therefore,the trust law of all countries is constructed on giving obligation to trustee.In this thesis,the trustee's prudent duty in the business trust is regarded as the research subject.The first chapter discusses the necessity and function in protecting the rights and interests of the trustor and the beneficiary.The second chapter analyzes the legal character of prudent duty in the framework of civil law system.On the basis of this,the chapter discusses the elements of responsibility constitution,and the troubles in the application of the law.At the same time,this paper studies the applicability of the prudent obligation in the channel business,the relationship between the rigid payment liability and the prudent duty,and the application of the prudent duty in the asset management products.The third chapter discusses the logic thinking of Uniform Prudent Investor Act.The fourth chapter puts forward some suggestions on perfecting Trust law of the People's Republic of China.In the conclusion,the thesis discusses the prominent role of the prudent duty in financial regulation.