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Construction Of Legal System Of Family Charity Trust Supervisor In China

Posted on:2021-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:J LiangFull Text:PDF
GTID:2506306290481954Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China’s economy and the rapid rise of the trust industry,more and more people have chosen trust to manage their family wealth.The successful implementation of China’s "Charity Law" in 2016 has led to the rapid development of charitable trusts in China,which has spawned a new trust model of family charity trusts,that is,a two-tier trust model formed by charitable trusts and family trusts.To achieve the dual purpose of inheritance and charity to meet the dual needs of high-net-worth people.The family charity trust system is learned and learned from the countries and regions of the Anglo-American legal system.Due to the large differences in the legislative system and cultural customs of the two legal systems.In addition,China ’s relevant legislation is not mature enough,and there are few practical cases and theoretical studies of family charitable trusts in China.As a result,family charitable trusts have always been in the early stages of development in China.Correspondingly,the current legislative situation in China still lacks detailed regulations on family charitable trust supervisors.The Trust Law and the Charity Law only provide general and abstract provisions for family charitable trust supervisors.There are many legal risks when setting up a supervisor,which may also make the rights of the supervisor in the family charity trust document a dead letter,which is not conducive to the exercise of other legal rights by the family charity trust supervisor,and ultimately makes the family charitable trust beneficiaries legal Rights and interests cannot be well maintained.This article aims to propose a problem by integrating relevant materials and trying to make a preliminary solution.Based on the analysis of the dilemma of the problem and the origin of the problem,it is planned to design a family charity trust supervisor system with Chinese characteristics,starting from the legislative approach and detailed measures.First of all,two legislative styles are proposed for reference,that is,the supervisor will be listed as a chapter independently or be included in the already established chapters.Secondly,in terms of details,elaboration is made in terms of qualifications,powers and obligations,resignation,and coordination rules.Attempts are made to construct a family charity trust supervisor system that is operable and more in line with practice,as a future Contribute to healthy growth and in-depth research in China.
Keywords/Search Tags:Family Charity Trust, Supervisor, Charity Law, Beneficiary Protection
PDF Full Text Request
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