Research On The Family Trust Supervisor System Of The United States

The benign operation of family trust cannot be separated from an ideal family trust structure.The emergence of the family trust supervisor has changed the traditional tripartite structure of the family trust and produced positive effects.In practice,the trust supervisor of family trust plays an increasingly important role in supervising the trustee,protecting the beneficiary and realizing the purpose of the trust.However,in China's2001 Trust Law,a trust supervisor system was established in public trusts only.Family trust is a private trust,and it may be inappropriate to duplicate the supervisor system in public trust,as a result,many key problems in the practical operation of family trust supervisors are faced with a dilemma.The United States has the most developed trust industry in the world.In the United States,family trust is universal and highly legalized.Based on the law and development of the trust supervisors in the United States,this article fully discusses the American family trust supervisor system,and the legislative status in China as well as the necessity of introducing.This article makes legislative proposals on perfecting the trust supervisor system.:introducing the trust supervisor system into private trusts in China.Besides the preface and epilogue,this article is made up of five chapters.The first chapter describes the overview of family trust supervisor system in the United States.This chapter defines the concept of family trust supervisor,introduces the historical development,and analyzes the legal status.The second chapter discusses the establishment and change of family trust supervisor in the United States.The third chapter analyses the rights,obligations and the responsibility of family trust supervisor in the United States.The fourth chapter analyzes the legislative status and the realistic necessity of introducing family trust supervisor system in China.Finally,this article summarizes the three inspirations for the family trust supervisor of the United States.First,the private trust supervisor system should be established in China.Second,the establishment of family trust supervisor system in China should adhere to the intermediate principle.Third,the basic content of the trust supervisor should be clarified in the legislation,supplemented by the free agreement of family trust documents.