The Study On Legal System Of Supervision Of Charitable Trust In China

With the vigorous growth of donation in nowadays, more and more social forces willing to put more money for social undertaking, such as helping refugees, tackling poverty, funding education, etc. How to manage social donation becomes the urgent issue need to be solved by the effort of the whole society. In past years, donation for Wenchuan earthquake also raised the problem for how to manage social donation. Referencing to the foreign experiences and the reality of our country, Charitable Trust is undoubtedly adapted as the most important and common approach to handle social donation. With the Characteristic of dealing with the social property, the Charitable Trust is an important property management system and institutional guarantee for the development of the public welfare. Rooted in England, developed in Common Law countries, Charitable Trust has been well progressed in system, supervision and effect.Charitable Trust has been introduced into China nearly 100 years. Although development time is not long, the Charitable Trust undoubtedly occupies an important position in our public welfare undertakings. It's also the guarantee and support to the development of the Trust Law. In 2001, China has promulgated Trust Law to set up Charitable Trust system. Since then, the trust undertakings have developed very quickly, and its system also refined step by step. The sixth chapter of the Trust Law stipulates the Charitable Trust system of our country, and also plays a role to its development. Trust system still exist some problems such as undedicated administrative department, unidentified trustee's rights and obligations, unsatisfied regulatory measures by supervisors as well. Besides the factors as mentioned, Charitable Trust related to the nonspecific public interests, and has the Characteristics of promoting the development of public welfare and protecting the benefits of nonspecific persons. From above statements, it's essential to establish the Charitable Trust system which helps to maintain the donator's enthusiasm, ensure the donation for public benefits and promote sound development of Charitable Trust. The first part of this text is the general analysis of Charitable Trust legal system. It introduces concept and features of Charitable Trust and its Supervision system as well as the necessity of supervising Charitable Trust. The second part is the comparison and analyses of legal system for the supervision of Charitable Trust between two legal system countries which respectively introduces Trust Law supervision system of Anglo-American law system countries and continental law system countries, and reference value for our country. The third part introduces regulatory status and existing problems of Charitable Trust supervision in China, after introduced the overall situation of Charitable Trust supervision in China, the author analyze its five existing deficiencies. The fourth part is that based on reference to other countries experiences and our country's actual situation, the author raises four aspects of the proposal to the existing problems in our country's Charitable Trust supervision system.