On The Legislative Improvement Of The Obligation Of The Trustee Of China To Inform

The core of trust system is the separation of nominal ownership and equitable ownership of the trust property,which is the "dual ownership" of the property in the Anglo-American law. Among them, trustees of the trust property are on behalf of the nominal ownership,and trust beneficiaries are entitled to equitable ownership. The contradiction that trustees work dutifully but shared the income with others makes trust system risky, therefore, in order to achieve the purposes of the trust,and to protect the interests of the relevant trustees, a lot of countries treat the obligations of trustees as the focus of the legislation. Thus, the study of fiduciary duty of trustees has also become the focus of many scholars. However, the existing research in this area is mostly around the duty of loyalty and prudence by trustees, which is short of the trustee obligation to inform trust beneficiaries. Therefore, this paper attempts to analyze and elaborate the problems and shortages in the specific area of the obligations for trustee to inform in Chinese law from four parts, and then provides corresponding improvement suggestions and comments.Firstly,this paper makes the theoretical foundation of trustee inform obligations as a starting point, pointing out the obligations of the trustees produce profound foundation in economics and equitable basis, which provides the an important theoretical support. Meanwhile, in the first section the author briefly introduces the obligation to inform the trustees of the necessity which means the obligations of the trustees are an important branch of the trustee fiduciary obligation. Secondly, the second part briefly describes the obligations of the trustee system development status through our "Trust Law" section 25,33,49,in which that trustees informed about their obligations are under analysis. The problems including strong principles, broad hollow,and imperfect system will seriously hamper the development of China's trust industry. Furthermore, in the third part, the author describes and analyzes of the U.S. "Uniform Trust Code" in the provisions concerning the obligations of the trustee in detail, and as a reference, extracts some implications for our current trust system. Finally, in the fourth part the author gives suggestions and comments about perfecting our obligations of inform trustee system. These suggestions and comments are created in the previous article on the obligations of the trustee on the basis of detailed analysis and a certain amount of experience from the United States Trust Law,such as providing a strong issue of principle to enrich the content of China's "Trust Law" and a clear obligation to inform the trustee to fulfill standards. Legislation has yet to issue an urgent need for legislation, proposed to increase its obligations under, and ways to improve relief. In order to improve our obligation to inform trustee system, in order to better ensure the realization of the purpose of the Trust, to protect the interests of stakeholders people, we need to take measures to contribute to the sustainable development of China's trust industry.