The Analys Is Of Trustee’s Compensation Liability Of Trust Property Loss

Trust is based on the principal and the trustee of the trust property arising from the transfer and management system. In the relation of the trust law, the trustee is in the core position. The law endows the trustee with great management space, giving the trustee almost the completely autonomous management right; however, at the same time, the trustee needs to undertake strict obligations. If the trustee in violation of the obligations, causes losses to the trust property, he shall bear the corresponding responsibility to pay compensation.In recent years, with the trust vigorous development in our country, the cases of trust redemption risk are constantly emerging. The trustee of the liability to pay compensation has become the most core question. However, there are many deficiencies of liability for compensation of trustee, which needs further perfecting.This article include three part:part one:first of all, analyze the problem of "rigid to honour", clear the trustee liability to pay compensation is the key to solve the problem of "rigid redemption"; And then to summarize the concept、property and the constitutive of compensation liability of trustee; the second part:introduce the trustee liability law in our country and point out the shortages. The third part is the key part of the article, aiming at the shortcomings of the trustee, the paper put forward for improvement of the trust system of the trustee’s liability, including to confirm the different principles of liability attribution base on the breach of different duty, to detail the trustee’s mistake standard, to define the extent of liability of compensation.