On The Construction Of The Legal System Of Quasi-public Welfare Trust In China

Along with the changes in the macroeconomic environment, the reform of the system of financial innovation, trust and gradually develop into one of the four pillars of the financial system, capital strength, asset management capabilities have improved significantly. Our country \"trust law for the regulation of public trust is to want to take advantage of the trust strong financing ability, for the early development of charity in the field of social security.This paper aims to integrate relevant materials, ask questions and try to solve this preliminary, quasi public trust in the future development of China's academic research and make a contribution.Since 2001 the trust law, however, has not made any changes, due to the legislation of public trust is a reference to other trust law of the provisions of the developed countries content too principled, plus the system of public trust transplantation in with our country belongs to continental law system of different countries of AngloAmerican law system, there are large difference between legal system and the national culture, thus leading to the development of public trust in our country has been in the bud stage.At the same time, the public trust has not been fully developed another reason is that the pure public welfare. Influenced by the Red Cross negative news, pure public welfare charity enthusiasm has been in the public mind, public trust also affected to varying degrees.Although the public trust try little success, but its initial trust, the development of public this idea is worth for sure.In the research of this article is a kind of both public and private interest trust model, quasi public trust, trying to under the condition of public private interest mechanism is introduced to break the deadlock of public trust, promote the development of China's public welfare undertakings and trust industry.Quasi public trust is a kind of give priority to with public welfare purposes of the trust of the public welfare and profit-making, refers to the trustor and the trustee in trust contract agreement a percentage of the trust property income of all the trustor or the beneficiary, beyond the part directly to the contract of the development of a public welfare undertakings. Through to the domestic academic journals and related data integration analysis found that the quasi public trust in the practice and theory research in China are very few, is at the early stage of development. Current main difficulties of the development of the quasi public trust has a low public recognition, unclear legal status and legal system and supporting system is not sound, lack of regulatory problems, such as if through a complete system effectively solve the above problem, quasi public trust will have wide development prospect in our country.The purpose of this paper is to through the integration of related materials, this paper puts forward problems and attempts to conduct a preliminary solution, to prevail in public trust in the future development of our country, with the render a theoretical research.