Research On The Legal System Of Charitable Trust Supervisor

Charitable trust has its own unique advantages to the development of charity.Compared with the previous foundation,it not only saves the tedious registration procedures,but also makes the clients' wishes to be realized to the maximum.In 2001,the "trust law" established the "public trust" system,but because of its provisions,there are many shortcomings,leading to the success of the "public trust" in the market few examples.The charitable trust system was stipulated in the charitable law,which was promulgated in 2016,which makes the charitable trust revitalized,but the charitable law still has a lack of provisions.The study of the legal system of the charitable trust supervisor is to improve the key part of the legal system of charitable trust,to make the supervisor to supervise the trustees of the charitable trust,to ensure the healthy operation of the charitable trust,and to promote the continuation of the charitable cause in China.The full text of this paper consists of five chapters.The introduction introduces the background and significance of the topic selection,literature review and research methods.The second chapter introduces the relevant theories involved in the legal system of the charitable trust supervisor,which shows that the legal system of the charitable trust supervisor is a part of the legal system of charitable trust,and the legal system of charitable trust belongs to the category of the trust legal system.In addition,the charitable trust supervisor has an independent and important legal status.He is the"watchman" of the principal,the "supervisor" of the trustee,and the "protector of the beneficiary".Compared with the private trust,charitable trusts are not ineffective because of the uncertainty of the beneficiaries,and do not apply the prohibition of perpetual rules and apply the approximate principle.It is because of these characteristics that the establishment of the charitable trust supervisor is more necessary.The third chapter discusses the current situation and shortcomings of the legal system of the charitable trust supervisor in China,and points out that although the legal system of the charitable trust supervisor is stipulated in the law of our country at present,it mainly includes the principles and methods of establishment,the right to appeal and the "right of approval",and the obligation of reporting.However,in general,these Regulations are too simple,and there are the following shortcomings:qualifications,changes,lack of exit norms,too brief rules of rights,obligations,responsibilities,and lack of rules of discussion of the digital charitable trustee.Such a situation is not commensurate with the important legal status of the charitable trust supervisor,and is not conducive to its effective performance in accordance with the law.The fourth chapter introduces the legal system of charitable trust supervisors in the United States,Japan and the Taiwan region of our country,and makes an evaluation.It indicates that the legal system of the charitable trust supervisor in foreign countries or regions is different,but it is detailed in terms of access,change,withdrawal,rights,obligations,responsibilities and so on.Many places for our country to learn from.The fifth chapter is the conclusion of the comparative law,that is,some suggestions to improve the legal system of the charitable trust supervisor in China:to improve the qualifications,change and exit rules of the charitable trusts in our country,including improving the entrance threshold and increasing the threshold of the charitable trust supervisor from two aspects of positive and negative.Adding the change mechanism and setting up the two kinds of resignation mechanism,clarify the rights,obligations and responsibilities of the charitable trust supervisor in our country,and propose to perfect the specific application situation of the litigious right of the charitable trustee,clarify the validity of the "right of approval" of the charitable trustee,increase the right to know and ask for the requesting of remuneration,and establish the loyalty of the charitable trust supervisor.Duty and duty of diligence,the responsibility of restoring the original form and so on.Finally,according to the national conditions of our country,it is suggested to formulate the"simple majority decision" rules of the digital charitable trustee.