On The Construction Of My Country's Trust Trustee Obligation System

The trust system was born in the United Kingdom.After hundreds of years of development,not only has it not been eliminated by history,but it has continued to adapt to the world development,and has become an indispensable legal system for property in the common law system.Moreover,some civil law countries have also started to introduce trust systems in recent years.China is also one of them.In order to better guide the development of the trust system,China promulgated the trust law in 2001.In the following two decades,China's trust legal system was gradually established and achieved certain positive effects on the development of the trust industry.However,due to the nature of the trust law,the trust system still has some “water and soil dissatisfaction” phenomena in China.The first is the lack of the existing trustee's obligation system: 1.China's trust legal system has not yet established its fiduciary obligations;2.Trusteeship The system of human liability is lacking in system;3.The standards for determining trustee's obligations are unclear;4.The competition prohibition is missing;5.The trustee's separate management obligations lack specific methods;secondly,the unreasonable existence of the current trustee's obligation system in China Provisions: First,it is difficult to set up some of the trustee's obligations to meet the actual needs;second,the trustee's obligations in channel trusts are difficult to implement,which makes it difficult for the courts to operate in judicial practice.In order to solve the problems,standardize the trust management in China,and protect the interests of trust beneficiaries,this article attempts to make recommendations by comparing and learning from the experience of other countries and regions in the world from the perspective of establishing the obligation system of trustees in China.The lack of the obligation system: First,the establishment of fiduciary obligations in the trust law;second,enhancing the systematization of the trust law;third,improving the standards for the determination of the trustee's obligations;fourth,establishing theobligation to prohibit competition;fifth,establishing the trust Specific methods of property management.Amend the unreasonable provisions in the trustee trust system:first,adjust the trustee's obligations;second,pay attention to implementing the trustee's obligations in channel trusts.With a view to helping the construction of the obligation system of trustees in China.