The Research On The Trustee’s Duty Of Prudengt Investment

Trust originated in the United Kingdom and flourished in the United States.Due to its exquisite design system and charm of practice,it was also introduced by civil law countries in succession.Especially in the financial field,trust is increasingly favored by people.There are a variety of trust varieties,which are an important part of the financial services industry。In our country,the urgent demand of commercial trust is the fundamental power of transplanting trust system.However,in the process of indigenization of the trust system,a series of problems have also appeared.One of the problems is that the regulation of the fiduciary’s prudent investment obligation is too general,the lack of objective evaluation criteria,resulting in the virtual obligation.China’s trust industry has been developing rapidly in recent years.By the end of 2019,the asset scale of China’s trust industry has reached 21.6 trillion yuan,and the proportion of investment trust has been increasing.It is more urgent for China to continuously improve the prudent investment obligation rules.The obligation of prudent investment is an obligation binding mechanism for the trustor and beneficiary to supervise the trustee’s proper and prudent management of trust affairs,which is of great significance to the beneficiary.However,the current trust law of our country is quite rough about the trustee’s obligation of careful investment,which cannot meet the needs of the beneficiary.In recent years,the Yin Guangxia incident and the suspension of Jinxin trust co.,ltd.are closely related to the imprudent investment of trust institutions.The following two problems exist in the prudent investment obligation of trust trustees in China: first,the trust law and related laws in China are too brief and abstract in this provision,lack of specific guidance,and the judgment standard of prudent obligation is vague;Second,in the current trust practice dominated by trust institutions,due to the current trust market environment and the existence of rigid payment,it is difficult to implement the prudent investment obligation rules.Based on the above problems,this paper from the Angle of comparison,the case method of legal interpretation method,etc,through the careful investment rules in the Anglo-American trust system evolution and related cases of carding analysis,summarizes the examination of the specific criterion of prudent investment obligation,responsibility and obligations in violation of prudent investment,in based on the basis of trust system in our country at present in order to put forward reasonable Suggestions,to better protect the interests of the beneficiary.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter is an overview of the fiduciary’s prudent investment obligation.The trustee is the core element of the trust relationship,starts with the basic obligation of the trustee and the first,clear the position of the trustee to distinguish between the two basic obligations,then expounds the diligence of the subordinate concept of prudent investment obligation,to make a distinction between its and diligence finally with the obligation of prudent investment criteria,and discusses the value of its existence.The second chapter is about the contents and problems of the fiduciary’s prudent investment obligation in China.This paper sorts out the standard of prudent investment obligation in the trust law of our country,which is dominated by one law and two regulations.This rule is difficult to implement in trust practice.The third chapter is the study of fiduciary duty of prudent investment from the perspective of comparative law.British,American and Japanese trust system are complete,we need learn more advanced concept of trust,learning more reasonable in time order of the construction of the system of trust diligence combed the list from Britain and the United States the legal rule to the prudent man rule to the prudent investor rule of the evolution,of the trust concept made in-depth discussion of different age,and emphatically analyzes the current conform to the scientific idea of portfolio of Trustee act 2000 and Uniform prudent investor act.The fourth chapter is the perfection of a fiduciary duty of prudent investment system in China based on the defects of China’s current rules of trust,the trustee diligence,from Britain and the United States is relatively perfect diligence rule learning experience,put forward reasonable Suggestions,judging from clear cautious investment obligation standard established in violation of prudent investment obligation is assumed the responsibility of the rules of trust law and business method for the separation of the different aspects such as idea is put forward.