Research On The Legal Issues Of Charitable Trust Supervisor In China

Although Charity Law stipulates that the client can decide whether to set up a charity trust supervisor according to actual needs.In practice,most charitable trusts have established supervisors,and the Charity Law is only in Article 49 made a brief provision about the charity trust supervisor.It did not stipulate the qualifications and term of the charity trust supervisor,did not establish a rights and obligations and a liability system,and the provisions for the selection,resignation and dismissal of charitable trust supervisors were not perfect.The beneficiaries of a charitable trust are usually uncertain and cannot protect their rights.The trustee,the administrative organ and the public of the charitable trust cannot effectively supervise the trustee’s performance of the fiduciary duty,and the charitable trust involves the realization of the public interest.Therefore,it is necessary to establish a supervisor in the charity trust to supervise the trustee and protect the interests of the beneficiary.The inadequacy of the regulations on charitable trust supervisors in the legislation has led to the inability of charitable trust supervisors to follow in the performance of their duties,nor to allow charitable trust supervisors to play their important role in supervising trustees and protecting beneficiaries.To give full play to the role of charitable trust supervisors in escorting the operation of charitable trusts,it is necessary to clarify the qualifications and term of the supervisors,and stipulate supervisors’rights and duty.And perfect the provisions that how to select,resign and relieve the charitable trust supervisors.