The Improvement Of The Property Governance Of Foundation Based On The Trust Law

The Foundation is included in the category of donor legal persons under the non-profit legal person in the "General Principles of Civil Law",and the foundation's private law subject status and legal attributes are clearly defined.However,in practice,the Foundation has many problems in the management of property,and various charity events occur frequently.The dilemma of reality stems from the dilemma of the system.The core function of the Foundation is to conduct safe and effective management of property.However,the provisions of the General Principles of Civil Law cannot automatically optimize the property management behavior of the Foundation.Therefore,it is necessary to clarify the property received on the basis of the existing system.The property,around the donors,foundations,beneficiaries,to establish rational rights and obligations rules,and jointly play their role in the governance of property,in order to improve the foundation's property governance structure.Constructing the property management structure of the foundation with the theory and system of the charity trust has both practical necessity and theoretical feasibility.As the best substitute for the foundation,the charitable trust has long been an important issue in civil law countries.However,the mainstream doctrine of the relationship between the two scholars in China has not touched the essence of the problem,and has fallen into the misunderstanding of institutional transplant conflict and isolated legal research.Instead,it has caused the "overhead" of the charitable trust system in China.On the one hand,charitable trusts and foundations have a similar development.In history,foundations are rooted in the soil of trusts;on the other hand,charitable trusts and foundations are highly consistent in terms of organizational characteristics and internal governance structure.Therefore,there is no good or bad relationship between charitable trusts and foundations,but should be a relationship of integration and development,complementarity and mutual benefit.The jurisprudence of charitable trusts has a core position in charity law,and the theory and system of charitable trusts should be the largest.Limit integration into the foundation system.The specific approach of integration is to build a trust legal relationship,allocate trust rights and obligations,and introduce a trust supervisor system based on the trust attributes of the foundation property,building trust legal relationships around donors,foundations,and beneficiaries.First,the trust attribute of the foundation property should be clarified.Foundation property is independent and independent of donors,donors,foundation managers and beneficiaries.At the same time,the property rights of the foundation are incomplete,and the fund manager can only manage,use and dispose of the property within the scope of the purpose of the donation.This is highly compatible with the independence of the trust property and the principle of the trustee's disciplinary action on the property of the trust.Secondly,the foundation should be defined as the trustee's obligation to manage the property.Foundation legislation is gradually transitioning from regulatoryism to private law autonomy.The theory of private law subjects of foundation corporations has been continuously recognized.The Charity Law and the General Principles of Civil Law have played a certain positive role in the process of building the legal system of the Foundation,but Relevant supporting measures still need to be improved,and the status of the trustee of the foundation still needs to be clear.The foundation,as a collection of property,is mainly the responsibility of the foundation director to undertake management.By examining the position of the board of directors in China's foundations and the standards of the non-profit organization directors' obligations,it is clear that the standards of directors' obligations should be based on the trustee's standards rather than the company's directors' standards.At the same time,the trustee's obligation is used to improve and strengthen the foundation's rules and regulations,and fully utilize the functions of the directors to ensure the realization of the foundation's objectives.Thirdly,the donor's right to supervise the property as a principal should be specified.Analyze the deficiencies of the donor's rights protection legal system,and compare it with the trust principal's rights system,and then improve the donor rights system.At the same time,the approximation principle,as an important system to realize the donor's intention,should achieve its unified and clear provisions in the foundation legislation.Finally,the trust supervisor system should be creatively introduced into the foundation to exert its supervisory role on property.First of all,clarify its relationship with the fund donation trust relationship parties,foundation supervisors,and clarify the unique value of the trust supervisor system in the foundation.Secondly,the trust supervisors are arranged in the foundation to change the mechanism and the rights and liability rules,so as to enrich the foundation's supervision system and urge the directors to perform their duties.