Research On The Protection Of Rights Of Beneficiary Of Family Trust In China

Originating from the common law system,family trust is a property management tool centered on the beneficiary,with functions such as wealth inheritance,risk isolation and so on.In the past decade,with the accumulation of China’s private wealth,the number of high net worth individuals has increased dramatically,and the demand for wealth inheritance has become increasingly strong.According to the related survey,family trust will soon become the most popular tool for high net worth individuals to pass on their wealth.However,the development of trust system in our country is slow,the relevant supporting system is not perfect and commercial trust has been emphasized rather than civil trust.The Trust Law,which is centered on the trustors,seems to deviate from the essence of trust.It is inevitable that there are many shortcomings for the beneficiary’s rights protection,such as the rights of trustors,the obligation of trustees and rights of beneficiary.Furthermore,in the family trust system,realizing the rights of the beneficiaries is the ultimate goal of establishing a family trust.Therefore,the research on the protection of the rights of beneficiaries of family trusts is of great significance.Therefore,this paper will focus on the above-mentioned issues for in-depth research,and provide new ideas for the protection of the rights of beneficiaries of family trust,so as to promote the development of the family trust system in China.Based on the above background and problems,this paper starts with the basic theory of the beneficiary’s rights protection and focuses on the rights and obligations of the three parties in family trust,analyzing the existing problems and how to improve them.First,by briefly introducing the basic theory of beneficiaries and their rights,and analyzing the influencing factors to clarify the research ideas of Chapter II.Secondly,based on the "Trust Law",this paper analyzes the current legislative status of the protection of beneficiary’s rights of family trust,and clarifies the existing problems of it in China from the perspectives of the trust trustor’s rights,the trustee’s obligations,the beneficiary’s rights and the supervision of the trust rights.Then,it compares the similar protection measures of the two legal systems,and analyzes the differences between the two legal systems and its enlightenment to China,so as to perfect the protection measures of the beneficiaries of family trust in China.Finally,based on the comprehensive text,this paper puts forward suggestions to improve the current problems in the protection of beneficiaries family trust by drawing on the beneficial experience from abroad.It is hoped that the above research can contribute to the protection of the beneficiary’s rights of family trust in our country.