Research On Legal Issues Of Charitable Trust Supervisor

The legislation of charity law changes the "compulsory establishment doctrine" of charity trust supervisors into "free establishment doctrine",improves the establishment efficiency of charity trust,reduces the establishment cost of trust,and is conducive to the development of charity.As one of the most important systems to protect the rights and interests of beneficiaries in the countries and regions of civil law system,trust supervisor system plays an irreplaceable role in supervising the trustee to perform the duty of loyalty and diligence.Under the system of charitable trust registration and establishment,it should be recognized that the trust charitable supervisor adopts the "free establishment doctrine" to weaken the position and role of the supervisor.Such a loose supervision mode may aggravate the possibility of moral hazard,and then lead to the loss of the rights and interests of the trust beneficiaries.At the same time,the charity law only provides the principle of charitable trust supervisor system in article 49,which is difficult to regulate the establishment and operation of charitable trust supervisors effectively,thus affecting the actual effectiveness of charitable trust supervisors.The research on the legal issues of charitable trust supervisors is to solve the above problems and risks,and further play the positive role of the charity law in promoting the development of charitable trust,so as to achieve the balance between the efficiency of trust establishment and the protection of beneficiaries' rights and interests.Based on the current situation of legislation and practice development of charitable trust supervisors in China,this paper defines the concept of charitable trust,and demonstrates the relationship between charitable trust and public trust in detail from the perspective of legal source,legal text and legislative intent,and defines the identity of the legal framework of charitable trust and public trust,as well as the difference in the degree of intervention of public power,and on this basis,from the charity law as the perspective of social standard law,this paper defines the supervisor of charitable trust,clarifies the independent legal status of the supervisor of charitable trust,puts it into the governance structure of charitable trust,makes a detailed analysis of its legal position,clarifies its relationship with the internal parties and external supervision subjects of the trust,and analyzes the basic value of improving the system of the supervisor of charitable trust.After the legislation of charity law,charitable trust has entered the initial development climax.However,the shortcomings of the current laws and regulations of charitable trust supervisors have laid many hidden dangers for the healthy development of charitable trust.The main problems are the lack of supervisors' selection and change of regulations,the lack or absence of rights,obligations and responsibility system,the conflict and coordination of internal and external supervision rights of trust supervisors The lack of handling mechanism and the weak supervision caused by the weakening status of charitable trust supervisors.On the basis of comparative analysis of foreign and Taiwan charitable trust supervisor systems,combined with the current system and the development of charitable trust in China,it is suggested that on the basis of settlor's free establishment of supervisors in trust documents,charitable trust management organs should be granted the supplementary appointment right according to the application,and an intermediary service organization centered appointment mechanism should be formed on the qualification And refine the mechanism of change and withdrawal;clarify the rights,obligations and responsibilities of the trust supervisor and form a system,especially strengthen the positioning of the legal authority of the existing supervisor,the guiding provisions of the determined authority and the detailed requirements of the duty of care,so as to provide the legal basis for the trustor to reasonably set up the rights,obligations and responsibilities of the supervisor in the trust documents;build the supervisor supervision The dispute settlement mechanism of supervision power,the internal rules of procedure and the mechanism of responsibility undertaking shall be clarified,and the supervisors' meeting shall be established as the decision-making body of major decisions,the priority of supervision power of different supervision subjects and the mechanism of litigation handling shall be clarified;the overall system design of supervisors shall be connected with the new credit supervision system of China,and the mechanism of prior commitment shall be established for charitable trust,and the credit information classification and Credit rating supervision system and joint punishment mechanism for dishonesty,and the evaluation results of the above system are taken as the basis for supervisors to add or cancel,so as to maximize the supervision efficiency of charitable trust supervisors.