Judicial Application Of The Principle Of Approximation Of Public Trusts

Charitable Trust is an important type of trust,which has great significance to the development of public welfare undertakings.In recent years,with the continuous growth of personal wealth in China,the public awareness of charity has been further enhanced.A growing demand to take part in the public welfare undertaking through Charitable Trust has been observed.This paper is based on the legislative definition of Charitable Trust in the Trust Law and the Charity Law.It has drawn experience from the United Kingdom and the United States to focus on the detailed judicial application of the Cy-près of Charitable Trust.This paper aims to put forward legislative suggestion of the judicial application of the Cy-près in the existing legal framework,which is supposed to promote the development of the Cy-près of Charitable Trust and its judicial judgment and support.This paper consists of four parts.The first part is the theoretical analysis of the Cy-près of Charitable Trust.In this part,the basic theory and origin of the Cy-près of Charitable Trust has been systematically reviewed,its main characteristics in terms of the Economic Law have been analyzed.and the similarities and differences between administrative application and judicial application have been summarized.This part lays the theoretical foundation for the following analysis.The second part is the text analysis of the Cy-près of Charitable Trust and the existing problems in China.In this part,the author has analyzed the provisions of Cy-près in the Trust Law and the Charity Law in China and found out the problems of the administrative application of Cy-près in our country.Through the "Goodness Lawsuit" the paper has also drawn forth discussion of the judicial application of the Cy-près in China.The third part is about the specific characteristics of the judicial application of the Cy-près of charitable trust in the United Kingdom and the United States.In this part,the author has made a comparative study on the provisions of Cy-près in the United Kingdom and the United States,summarized the ways of applying Cy-près in judicial level and discussed how the model of the United Kingdom and the United States can be used asa reference in China.The fourth part is about the legislative suggestions of perfectingthe judicial application of Cy-près of Charitable Trust in China.This paper puts forward three legislative proposals.Firstly,the Trust Law should entitle judicial authorities the right to apply the Cy-près of Charitable Trust.Secondly,the Charity Law should refer to the application of Cy-près of Charitable Trust.Thirdly,the relationship between the Cy-près and the principle of “No claim trial principle” in the Procedural Law should be coordinated.Through the above suggestions,the judicial application procedures of Cy-près of Charitable Trust could be structured and play the best effect.And in turn it can promote the development of Charitable Trust.