Research On Charitable Trust Supervisor System

2016 is a milestone year of the development of philanthropy in china.In March 6,2016,People's Republic of China charity law"(hereinafter referred to as "charity law" ")has been passed by the fourth session of the twelve National People's Congress,and shall be implemented on September 1,2016.It's the first law in China's charity field which is professional and authoritative.The implementation of this law will provide an important legal guarantee to regulate the orderly operation of charitable activities and promote the healthy development of charity.It is the first time that the charitable trust has been made clear in the charity law,and some specific provisions have been made on the connotation,establishment and operation of charitable trust.The trust system originats from the United Kingdom,but the system of trust supervisor is determined by the statute law.In our existing legal system of trust,the legal origin about the trust supervisor was only "People's Republic of China trust law"(hereinafter referred to as the "trust law" "),but with the charity law promulgated,the system of trust supervisor has new relevant provisions.This paper starts from the new thing of charitable trust,and studies the system of charitable trust supervisor.Because as to the current legal and theoretical research,the provisions of the charitable trust supervisor system is briefly and fuzzy,of which the research is little.This is certainly not conducive to the trust supervisor to play the role in the regulation of charitable trust.The main content of this paper is divided into three chapters:The first chapter analyses the basic knowledge of charitable trust and its supervisor.Beginning with the historical origin of charitable trust,this chapter introduces the basic theoretical knowledge and the domestic and foreign legislation of it.After the grasp of the basic theoretical knowledge of the charitable trust,and combining with the meaning of charitable trust in charity law,the author puts forward that there are great differences between the charitable trust and the public trust in the view of law in our country.The two cannot be confused.This leads to the second sections,that is,under the existing laws and regulations of our country,the connotation and characteristics of the charitable trust supervisor.The second chapter includes the following two aspects.In the first part,the author counts the announcement of 22 charitable trust since September 1,2016 implementation of charity law to the end of the 2016,analyses the situation of setting up of the charitable trust supervisor,and then draws how is the system of charitable trust supervisor after the implementation of charity law.In the second part of this chapter,the author firstly explains the significance of the charitable trust supervisor system.Then on the basis of the above empirical analysis,combined with the existing laws and regulations,the author analyzes the defects of the legal system of charitable trust supervisor in china.The author believes that only with a clear understanding of the existing defects of the legal system of the charitable trust supervisor,such as bad system of in-out,not clear of responsibility and so on,,can we improve it and then it will better play its regulatory role.The third chapter also includes two parts.First of all,the author examines the legal provisions of the charitable trust supervisor system abroad.,including the common law system and continental law system,says United States,Japan,South Korea and China's Taiwan region.Secondly,basis on the above analysis for the current situation in the practice of charitable trust supervisor and foreign legislative experience,the author as to the deficiencies,puts forward the concrete conception,including clear charitable trust supervisor qualifications,the conditions of resignation and dismission,giving more authority,setting the relevant obligations,clearly related responsibilities,completely coordination mechanism.