Research On The System Of The Fiduciary Duty Of Loyalty Of The Charitable Trustee

With the development of economy and society,more and more families with high net worth prefer to choose the form of charitable trust so as to build a more rigorous legal structure to manage and use charitable assets,so charitable trusts come into being.The promulgation of the Charity Law of the People's Republic of China(hereinafter referred to as the "Charity Law")in 2016 marked the beginning of the first year for the development of charitable trusts.Since the development of charitable trusts in 2016,the growth in the number of trusts has been greater and greater.In the past three years,the accumulated number of charitable trusts filed for record has reached 209,with the initial scale reaching CNY2.31 billion.In 2020,since the outbreak of new coronavirus pneumonia,our country as well as the global economy has encountered unprecedented impact.In terms of economic life,the outbreak of the new coronavirus has led to the national and global economic stagnation,economic development pressure,epidemic prevention materials and funding gap is also increasing rapidly.In this special period,charitable trust as a safe and convenient charitable tool has been widely used,many trust companies have launched to prevent the epidemic as the theme of charitable trust.According to statistics,as of April 8,2020,54 charitable trusts with the theme of epidemic prevention have been established nationwide.According to the concrete analysis,most charitable trusts are single trustee,that s,trust companies act as trustees,and a few are double trustees,that is,trust companies act as trustees with charitable organizations or charitable foundations.However,at present,the development of charitable trust is not smooth,the main reason is that the supporting legal system is not perfect,and there are few discussions on the fiduciary duty of fiduciary trust,but the fiduciary duty of fiduciary trust is the most important duty of fiduciary trust.Therefore,this paper focuses on the specific connotation of the fiduciary duty of trustees of charitable trusts,namely the rule of prohibition of conflict of interests and the rule of prohibition of acquisition of benefits,and the fiduciary duty that trustees shall fulfill under the "principle of similarity" of charitable trusts.In addition,this article will specifically analyze the specific provisions and regulations of the fiduciary duty of charitable trust of the United Kingdom,the United States,and Japan from the perspective of the comparison method and learn from them,and put forward relevant suggestions for improving the fiduciary duty system of charitable trusts of our country,so as to make a little contribution to the improvement of such system.