Research On The Legal System Of Testamentary Trust Trustees In My Countr

Since the reform and opening up,China’s economy has developed comprehensively and rapidly,people’s living standards are improving day by day,and material wealth is accumulating.Under this circumstance,people attach great importance to the distribution and management of property after death.The simple transfer of property through the will can not meet people’s needs.How to realize the decedent’s will through system design? Testamentary trust system not only fully respects the will of the trustor,but also achieves the purpose of properly managing the estate.It has great application potential under the background of aging population in China.At present,the research on testamentary trust legal system in our country is not rich enough,and most of them are content of principle,which makes it difficult for testamentary trust system to play a role in reality.The trustee,as the most important role in realizing the will of the truster and protecting the benefit of the beneficiary,is the focus of the study of testamentary trust legal system.This paper studies the legal system of trustee of testamentary trust in China.The first chapter discusses the theoretical basis of testamentary trust trustee system,including the relevant overview of testamentary trust system,trustee’s concept,legal value and functional advantages.Chapter two is the present situation of testamentary trust trustee system in China.This chapter mainly introduces the origin and detailed provisions of the testamentary trust trustee system in China.The third chapter analyzes the shortcomings of the trustee system of testamentary trust in Our country,including: fuzzy trust property management system;The standard of trustee’s entrustment of testamentary trust is unreasonable;The prudential investment obligation of testamentary trust trustee is inoperable;The unclear provisions of trustee’s responsibility in testamentary trust lead to the imperfection of beneficiary’s relief mechanism;The trustee appointment system of testamentary trust is unreasonable.The fourth chapter is the regulation and experience of the testator trust trustee system outside the country,and focuses on the research status and legal provisions of the testator trust trustee system from the perspective of the United Kingdom,the United States and Japan.The fifth chapter is aimed at the problems existing in the trustee system of testator trust in Our country,taking the national conditions as the starting point and referring to the excellent system outside the country,proposes to enrich the provisions on the separate management of property;Perfect the entrustment right of testamentary trust trustee;To specify the prudential investment obligations of trustees;Clarify the responsibility of the trustee and improve the beneficiary relief mechanism;It is suggested that the trustee appointment rule should adopt the mode of applying for court appointment.