Research On The Duty Of Attention Of The Trustee In The Trust

Our country Trust law from the introduction of today has a history of more than ten years,but because of the provisions are too abstract and general,which did not have the maneuverability,there is a huge gap between the actual effect and developed at the beginning of the idea.On the other hand,based on the method established the trust system still has many loopholes in the fiduciary duty,directly led to the implementation of Trust lawrarely appeared over the years,the name of the principal to the trustee in violation of statutory obligations causing damage to the interests of the court.Even if there is a part of the principal filed a similar lawsuit,eventually won the case also very Is rare.Therefore,this paper attempts to introduce three typical cases which summed up the focus of controversy and solve the legal obstacles faced by the focus of controversy,to reveal the defects of China's current"Trust Law > and difficulties,and drawing on the experience of other countries and regions of the world tries to put forward some suggestions of trust the revised.The whole is composed of four parts: the first part is the introduction of the case and put forward the question;the second part is to summarize and analyze the case in dispute to solve these disputes facing legal obstacles;third part puts forward suggestions on its adjustment and changes for the current implementation of the trust law,including the formulation of the law to take positive description with the combination of reverse list mode,add the trustee's obligations in the relevant content,the distribution of the burden of proof on the appropriate application of burden of proof principle.