On The Perfection Of Beneficiary Protection Syste Of Probate Trust In China

With the development of Chinese economy,the personal wealth of citizens has increased tremendously,and a large number of high net worth individuals have emerged.The value preservation and appreciation of wealth has become a common concern of these high net worth individuals.However,the current "inheritance law" can only solve the problem of simple inheritance of property transfer without the method to satisfy the new demand of citizens to inherit,intergenerational inheritance issues such as wealth and how to prevent heir wasteful problem,etc..In testamentary trust system,the client can set up a will to transfer the property to manage professionals or institutions for management to make up for the deficiency of heir management ability,preserve and increase the value of the property,request the trustee staged Jie Fu trust benefits at the same time,avoid beneficiary wasting.The testamentary trust system not only takes the actual needs of the inheritor into account,but also makes the inheritance can be used effectively.In addition,there is a broad prospect for development in our country.However,our country only stipulates the provisions of the testamentary trust system in the form of several provisions in the trust law,which has not yet formed a comprehensive and normative system.Testamentary trust also exists the problems in the practical of harsh restrictions of operation beneficiary rights,the trustee abusing rights,beneficiary's lack of protection system,and other issues.The loss of the rights and interests of the beneficiary.Based on the analysis beforehand to prevent testamentary trust mechanism,make risk control mechanism,afterwards relief mechanism,on the basis of the flaws of the three aspects,expounds the necessity of the protection of the rights and interests of a limited partner.Based on the mature experience of foreign countries,the author puts forward some Suggestions in the above three aspects in order to promote the protection of beneficiaries' rights and interests.This paper consists of four parts: the first part is basic theory elaborated testamentary trust beneficiary,introduction the basic concept of the testamentary trust and testamentary trust beneficiary and characteristics,clarifying the related concepts,analysis of the special status of testamentary trust beneficiary,putting forward the necessity of protecting the testamentary trust beneficiary.The second part analyzes the testamentary trust beneficiary protection in China concerning the rights of the beneficiary,the trustee obligations and related protection system based on current situation and existing defects which lead to the fact that the testamentary trust beneficiary's rights and interests cannot be guaranteed.The third part is based on the experience of the foreign testamentary trust beneficiary protection,comparing investigation testamentary trust system of Anglo-American law system and continental law system.It is mainly related to six parts of the beneficiary rights,the trustee obligations,registration system,information disclosure system,the supervisors system and relief system.This part would like to discuss reference system in our country and experience in order to perfect the system of the protection of the testamentary trust beneficiary in our country.The fourth part,based on the above analysis,putts forward a perfect suggestion,perfecting the system to protect the rights of the perfect system,strengthening mechanism,the matter of risk control mechanism and afterwards relief system protection.This article tries to establish a comprehensive testamentary trust beneficiary rights protection system.