The Research On The System Of Charitable Trust Supervisor

Trust originated from Britain, but common law countries are not clearly defined the system of trust supervisor. Trust supervisor is the product of civil law countries. After the 2008 earthquake in Wen Chuan, the query for the feeble supervision of the donation allowances has often occurred.There is no doubt that the supervision of the donation allowances have been pushed on the crest of a wave, Welfare Donations Law of The People's Republic of China have lay down a negative supervision regulator model,the supervision of the government is only when necessary, not mandatory supervision.Regulatory shortcomings highlighted in these cases.Whether donation allowances can be made good use of it or not, the whole community has started to re-examine the unique position of charitable trust supervisor and its role.Trust supervisor has an independent legal status,not part of the principal or the charitable welfare administration, nor is it a agent of the beneficial owner, supervisory authority is based on the law and the charitable trust contract.But Trust Law of The People's Republic of China have enacted the provision about the production of the trust supervisor,the right of action, and the approval authority. The charitable trust supervisor system needs to be amended at once.From four aspects to revise it:the establishment system of the supervisor,the exercise system of the supervisory authority,the way of taking the supervision responsibility and the measure system about exercising conflict of the supervisory authority. In building the supervisor establishment system, creativity introduce the non-advocacy procedural to solve it;In the supervisory authority exercise system, researching on the legal nature of supervisory authority, considering it is a new civil authority which is nonprofit in the relationship of charitable trust.In addition, draw on the experience of the directly and indirectly proxy agent theory to solve it; In the way of taking the supervision responsibility, revise the system of distribution mechanism responsibility and the way of taking on it;In the conflict of exercising the supervisory authority, flexible using the theory of territorial jurisdiction and the conflict of the jurisdiction in Civil Procedure Law of The People's Republic of China. Improve the charitable trust supervisor system is good for expanding the scope of charitable trust and enhancing the effect of increasing the value of charitable trust and strengthening charitable trust fund assistance capability.