Study On The Legal Structure Of Trustee Liability In Passive Trus

In the property damage compensation dispute between Wuman and Hua’ao International Trust Co.,Ltd.(hereinafter referred to as “Wuman and Hua’ao Trust”)released by the Supreme People’s Court in 2020,one of the top ten commercial cases of the national court,the court believes that if the trustee violates the duty of care of transactional management in the channel trust business,it should bear the corresponding responsibility.The Court’s judgment is of great significance in affirming the trustee’s position and responsibility in negative trusts and has also aroused academic discussion on this issue.But while affirming the view of the referee,there are still many problems to be further studied and thought.According to the judgment of the court,the trustee of the negative trust violates the necessary duty of care in the legal relationship of the trust,so it is necessary to bear the corresponding responsibility.As for the specific types of responsibility,and whether it is limited liability or unlimited liability,these are not covered in the judgment instrument,and these problems are unavoidable when the trustee responsibility is applied in practice.Based on this,this paper takes the guiding case as the starting point,and further studies the trustee’s responsibility in the negative trust on the basis of the existing judgment point of view.Through the systematic discussion of the negative trust,it may provide a solution for the trustee’s responsibility and make a useful exploration for the sustainable and healthy development of the trust system.This paper is divided into four chapters,the first chapter to Wuman and Hua’ao trust case as the breakthrough point leads to the main content of the article to study,in the court referee point of view put forward channel type trust business’ on the basis of further extension,put forward the essence of channel business is negative trust point of view,and then the development process of the trust system is briefly combed,the development of channel business is reviewed,and combined with the practice of China’s trust system demonstrates the legitimacy of negative trust,negative trust is the origin of the trust system conclusion.After determining the main problems to be studied in this paper,the problem is in-depth and detailed.The second chapter mainly studies the types of trustee’s responsibility in negative trust,that is,through the analysis of typical cases involved in this chapter,to answer the question of what responsibility the trustee should bear in violation of the duty of care.The responsibility that the trustee should bear in the negative trust is mainly civil liability,including the identification of contractual relationship,liability for breach of contract and tort liability,and so on.Through analysis,the trustee should bear the responsibility in an appropriate way.The third chapter is to study the trustee in the negative trust in specific how to bear the responsibility of the problem,the material basis of the responsibility-trust property and inherent property analysis,and from the limited liability and unlimited liability,internal responsibility and external responsibility of the division of multiple perspectives on the way of responsibility are described,and then choose the appropriate way of trustee responsibility.The fourth chapter studies the expansion of the scope of application of trustees’ responsibility in negative trust.By analyzing the commonness and individuality of trustee s’ responsibility in negative trust and positive trust,it provides a theoretical basis for the expansion of the scope of application of negative trust.The scope of application is mainly from business trust to civil trust,from private trust to public trust,and on this basis,it analyzes the specific scope of application of trustee responsibility in negative trust.