Research On The Protection Mechanism Of Family Trust Beneficiary Rights

As an "imported product" transplanted from China,family trust has deviated from the tradition of "one thing one right" of civil law system,and its development process is short,and the relevant legal system is not sound enough.Especially about the provisions of the beneficiary of the trust,the legislation technology appears to be a bit more straightforward,abstract.Therefore,with the continuous rise of high net worth groups,there is a contradiction between their urgent need for family trust and the existing legal provisions.As a result,new problems and new situations spring up in practice.In order to correct the deviation in time and protect the rights of beneficiaries in family trust from infringement as soon as possible,it is necessary to sort out and study it in advance.By tracing the historical origins of the trust beneficiaries,this paper compares the concepts of "the rights of the trust beneficiaries" and "the beneficial rights of the trust" in the basic theory of trust,and sorts out the research objects of this paper.Then,from the perspective of the basic structure and functions of family trust,the beneficiary's rights of family trust are positioned as the "bundle of rights",which lays a foundation for the subsequent construction of the corresponding protection mechanism within the legal framework of family trust,which is also one of the innovations of this paper.Then,taking "the rights of beneficiaries of family trust in a broad sense" as the research object,this paper analyzes the nature and classification of the rights of beneficiaries of family trust.Considering the family trust purpose to protect the interests of the members of the family more prominent,and the beneficiary's right to more complex,in this paper,based on trust law current regulations and practice in our country,from the aspect of system design and analysis of the current family trust beneficiary rights protection mechanism of the existing problems,which can be divided into two categories,five kind of situations: one is the principal rights too much,and conflicts with the beneficiary;Second,the lack of the judgment standard of the fiduciary duty of care;Third,the trust property is threatened by the third party's right of recourse at any time;Fourth,there is no effective mechanism to resolve the conflicts of interest among multiple beneficiaries.Finally,whether the family trust can set the supervisor did not make provisions.In the view of subdivision,some of these problems can be improved within our existing system,and some need to be learned from outside the system.In this regard,this article hopes that through the pertinent consideration of the extraterritorial family trust system,we can continue to refine the judgment standards of our family trust trustees' cautious obligations,try to add anti-sludge clauses to the design of trust clauses,and use the continuous beneficiary system.Think about the priority of multiple beneficiaries,and introduce the trust supervisor system as the last line of defense to protect the rights of beneficiaries.In short,this article aims to do our best to explore the construction of the rights protection mechanism of beneficiaries of family trusts in China,hoping to be beneficial to the development of family trust theory and practice in China in the future.