Research On The Legal Issues Of Family Trust Trustees

With the rapid development of domestic economy,the rich class keeps rising.Due to age,this class is in urgent need of a tool to inherit family wealth.On the other hand,with the arrival of the era of "big capital management",mixed operation has become the trend of the development of the financial industry.Facing the shrinking profit space,the trust industry is also considering the innovative business model.In order to solve these two contradictions,family trust began to develop in China.As the core party of family trust,Chinese law is not clear about the trustee.In order to better promote the family trust business,this paper takes the trustee of the family trust as the basis point to discuss the problems encountered in the process of the trustee's management and operation of the family trust.The first part,the introduction of family trust.In this part,the author first introduced the concept of family trust,then analyzed the properties and functions of family trust,and sorted out the development of family trust.In the second part,the author discusses the conditions that a qualified family trust trustee should have from the three aspects of subject qualification,credit qualification and admittance qualification.In terms of subject qualification,the author respectively discusses the feasibility of natural person,legal person and unlegal person as the trustee of family trust.In terms of credit qualification,in order to reduce the moral hazard of the trustee,the author proposes to establish the trust credit system externally and design the credit qualification of the trustee according to the duty of loyalty internally.In terms of access qualification,in order to regulate the trustee's access to the family trust market,the author proposes to set a certain threshold for the trustee.The third part is the rights and obligations of the trustee of the family trust.In this part,the author analyzes the legislative orientation of China's trust law,which emphasizes safety over efficiency,and the legislative mode that emphasizes obligation over power.In order to arouse the fiduciary's initiative,the author proposes to further strengthen the legislation of the fiduciary's rights.At the same time,in order toprevent the moral hazard caused by the excessive rights of the trustee,the author proposes that the fiduciary duty of loyalty and prudence should be improved in China.The fourth part is the mode of trustee participating in family trust.In this part,the mode of trustee participating in family trust is divided into three stages according to the time sequence.The first stage puts forward the ownership of family trust property and the mode of registration of trust property.The second stage focuses on the specific mode of trustee management trust;The third stage proposes that the trustee should distribute the trust benefits to the beneficiaries according to the principle of fairness.The fifth part,consummates the family trust trustee supervision system.The smooth operation of family trust can not only rely on the moral power of the trustee,but also needs to be supervised externally.This part mainly improves the supervision system of family trust trustees from three aspects: clarifying the subject of trust supervision,strengthening the supervision of industry organizations,and building the trust supervisor system.