Research On The Legal Issues Of The Trust Trust Trustee

In testamentary trust system,trust the trustee is the legal relationship of trust is the most important parties,it relates to the implementation and success of the operation of the trust affairs of the Trust purpose,so the trustees conduct a comprehensive study is very important.Trustee of trust issue,"Trust Law" the relevant provisions have been made,but there are some problems of these provisions:the obvious distinction between principal and the agent,deletion trustee fiduciary duty,trustee and beneficiary rights abuse liability relief lack of other forms.This paper discusses the causes of these problems,he said:China is a country of an inclusive,in the testamentary trust system"Trust Law" gives only principled comments,there is a conflict between the existing legal provisions and in many aspects."Trust Law" for specific operational procedures testamentary trust is not specified,no relevant supporting system security can be said to be a conceptual statements.Based on the above,based on theoretical and empirical research on testamentary trustee system,put forward their own proposals for the testamentary trust system construction:First,reasonable definition of the trustees and beneficiaries;second,improve the trust deed and Trust Industry Legislative Mode.We hope to provide some assistance to supplement China's relevant laws and the revision and improvement.