The Study On The Subject Of The Charitable Trust In China

For China,the charitable trust system is an external transplant system.The system first appeared in the United Kingdom and established a complete system.As China's philanthropy started relatively late,China only stipulated the public trust system in the “Trust Law” enacted in 2001.Therefore,it does not have a systematically improved charitable trust system,which also hampers China's charitable trust system to some extent.development of.With the development of philanthropy,China issued the“Charity Law” in 2016.The fifth chapter specifically stipulates the charitable trust system.Since then,China has had a systematic legal system of charitable trusts.Judging from the current status of academic research,charitable trust system as a transplant system,its legal system is still not perfect,academic research is also in a blank state.As an important content of charity in China,charitable trust is of great significance to enriching the forms of charity activities in China.The purpose of the research on charitable trust subject system is to establish a reasonable charitable trust subject system in our country's charitable trust system,to legally define the status,rights and obligations of the charitable trust subject,and to make the charitable trust subject in a specific charitable trust.Better regulation of the activities to better regulate charitable trust activities.According to the relevant provisions of the charitable trust system,the main body of charitable trusts is an important part of the legal relationship of charitable trusts.The key to the development of charitable trusts is the related behavior of participants in charitable trust activities.The first part of the thesis mainly describes the background,significance,the relevant domestic and foreign research summaries,research methods and innovations.The second part mainly discusses the basic theory of charitable trusts.This part mainly discusses the concept of charitable trusts,the theory of approximate principles,and the differences and links between charitable trusts and charitable trusts and public interest corporations.The key is to elaborate the theory of similar principles of charitable trusts,differences between charitable trusts,charitable trusts and public interest corporations,and use this as a theoretical basis for the study of the legal system of charitable trusts in China.The third part mainly discusses the qualifications of charitable trust subjects.This part examines the qualifications of charitable trust subjects in China from the aspects of the composition and status qualifications of charitable trust subjects,so as to understand the main structure of charitable trusts in China.The fourth part mainly discusses the rights and obligations of charitable trust subjects.This part analyzes the rights and obligations of the trustee,trustee,beneficiary and supervisor,and thus finds out the deficiencies in the rights and obligations of Chinese charitable trust subjects.The sixth part mainly explores the legal guarantee for the implementation of the main body of charitable trust in China.This section explores the implementation of safeguards for China's charitable trust subject system by combining the current state of social development in China and the related experience abroad in charitable trusts.Specifically speaking,this part mainly starts with the establishment of a sound supervision system,the establishment of a complete supporting tax preference system,and the establishment of a sound relief mechanism.It begins with the exploration of the legal protection path of China's charitable trust subject legal system.