Research On Legal Problems Of Charitable Trusts Supervision In China

As a form of charity,charitable trusts is an important part of charity.Charitable trusts is increasingly used because of its unique property independence,good hedging and appreciation of donated property,low management cost and so on.The effective supervision of charitable trusts is an important guarantee for the healthy development of it.In practice,the supervision of charitable trusts is characterized by strong professionalism and high complexity due to the fact that charitable trusts spans multiple fields of expertise.Therefore,how to supervise charitable trusts has gradually become the focus of scholars in various countries.Charitable trusts system started relatively late in China,there are many problems in the regulatory system and supervision practice,and the domestic scholars mostly lag behind the research on supervision of charitable trusts,they just stay in the study of the supervision of public trust system in "Trust Law",lack of research on the improvement of the supervision system of charitable trusts in "Charity Law".Therefore,it has very important theoretical and practical significance to conduct targeted research on the supervision of charitable trusts.In this paper,relevant suggestions for improving China's charitable trusts supervision system are put forward based on the mature experience of foreign charitable trust supervision and combined with its practice in China using comparative analysis method.This article is divided into four parts to elaborate on the above issues.The first part introduces the concept and related theories of charitable trusts and its supervision.Analyzes and discusses the necessity of supervision in charitable trusts.The second part introduces the supervision system of charitable trusts in the United Kingdom and the United States in Anglo-American legal system and in Japan and South Korea in the civil law system.Then evaluates and summarizes the mature regulatory system in foreign countries.The third part elaborates the current situation of supervision of charitable trusts in our country from practise and system of charitable trusts' supervision in our country.It concludes that the supervisory authority in charitable trusts is unprofessional,the oversight of the establishment of charitable trusts is too loose,the supervisory regulations in the operation of trustee are not perfect,the provision for termination of charitable trusts is too simple and the legal system for charitable trusts supervision is imperfect and so on.The fourth part suggests that the supervision system of charitable trusts in China should be consolidated by external supervision and internal supervision on the basis of drawing lessons from the experience of foreign supervision,and combining with the problems existing in the supervision of charitable trusts in our country.To perfect the external supervision of charitable trusts by constructing a specialized charitable trusts supervision coordination mechanism and establishing a sound legal system for charitable trusts supervision.To make up for the lack of supervision over the establishment,operation and termination of charitable trusts by the establishment of strict standards for the establishment of charitable trusts,the improvement of the rules governing trustees in charitable trusts operations,and the strengthening of supervision over the termination of liquidation of charitable trusts.