The Perfection Of The Duty Of The Charitable Trustee Under The Background Of The Revision Of Charity Law In China

In the legal relationship of charitable trusts,trustees of charitable trusts are in the core position,and whether the legal obligations are performed correctly or not is related to the safe operation of the whole charitable trust.There are some outstanding problems to be solved urgently.Through sorting out the provisions of the legal obligation of the charitable trust trustee,it is found that there are still many problems in some of the provisions,and the specific content is rough and weak.On the one hand,the charitable purpose and the principle of public interest put forward relatively high standards for the obligations of the trustees of charitable trusts,which is the logical starting point for the trustees to carry out charitable trust business.This principle should be clarified in the charity law.On the other hand,the provisions of the current law on fiduciary obligations are not operable.Currently,the Charity Law,which has been in force for more than six years,is undergoing its first revision.The revised draft of the Charity Law has been solicited for public opinion.This paper attempts to discuss and reconstruct the obligation system of trustees of charitable trusts through theoretical and empirical analysis.On the basis of legal analysis,this paper focuses on the existing regulations and the demands for the trustee performance in our practice by learning from the mature legislative experience of the common law and civil law systems.Firstly,it is the logical starting point to clarify the obligation of trustees to maintain the public property of the trust.Secondly,the governance mechanism of charitable trusts with fiduciary duty as the framework should be further perfected.Thirdly,the information disclosure and reporting obligations undertaken by trustees in the charitable trust information disclosure system are detailed.Improving the obligations of charitable trust trustee from the above three aspects can guarantee the independent and scientific performance of the duties,but also ensure the effective realization of the purpose and public interest of charitable trust,thus encouraging the establishment of charity confidence of the whole society.