Research On Trustee’s Obligation To Disaster Relief Trust

After the2008Wenchuan earthquake disaster, the cause of the disaster relief is developing rapidly, the amount donated disaster relief property can be used to describe enormous. However, due to the disaster relief trust in China started late, appropriate legislation and institution building is relatively backward, disaster relief trustee in process management and disposal of donated property, and not strictly fulfill their obligations related to the frequent scandals be seen in the media, a great blow to the community of people donated for disaster enthusiasm and confidence that hit the country’s disaster relief and the whole public welfare undertakings. This paper attempts to study a series of disaster relief trustee in the course of administering owed theoretical basis, comparative law study, and type, etc., combined with disaster relief obligations of the Trust and the Trustee legislative status quo and problems on our disaster relief legislation trustee fiduciary duty issues were thinking and recommendations.In addition to the introduction part of the research background, significance, status, etc. are analyzed, the article also from the following three parts of the disaster relief trustee of the trust-related issues were discussed. The first part is a disaster relief trustee of the trust theoretical basis for analysis. Disaster relief trustee fiduciary duties are mainly theoretical transaction cost theory, fairness and efficiency concepts and principles of good faith.The second part of the study is the specific type of legislation and disaster relief fiduciary duties of trustees. The first part of the relevant provisions of the common law and civil law countries typical country were summarized and compared; then from the duty of loyalty, the obligation to comply with the wishes of the donor, the prudent use of donated property obligations and the obligation to provide information on the face of disaster relief fiduciary quartet the specific content of human obligations were analyzed.The third part of the Legislative disaster Relief trustee fiduciary duty perfection. This section analyzes the current situation of China’s disaster relief trust legislation and disaster relief trustee of the trust legislation; then disaster relief from the obligations of the Trustee content requirements very weak, self-regulatory mechanism is not perfect, obligations and ineffective regulatory system supporting analyzes the lack of a disaster relief trustee legislation; finally discusses the content of the obligations in terms of disaster relief trustee, internal and external monitoring mechanism self-regulatory mechanisms such as the trustee fiduciary duty relief legislation of the disaster perfect.