Analysis And Study Of Single Funds Trustee Obligations

China’s "Trust Law" promulgated more than ten years, but because of its principles and provisions are too brief, many systems are not operational. In the specific design of the system based on trust, the trustee fiduciary duty provisions on particularly poor, so many years uncommon beneficiary(the principal) to prosecute the case trustee, and beneficiary of favor even scarcer. Therefore, this article is by introducing a case by case summed up the focus of controversy, the focus of analysis of the legal barriers that exist to resolve the dispute, in the case of the country did not seek international experience related system design reference, last modified on China’s "Trust Law" make a few suggestions.This paper is divided into four parts:Part Ⅰ: Introduction Case and ask questions. Basic information GZ Bank v. MS Trust orporation Trust business dispute case and proposed case the focus of controversy: First MS Trust corporation is obliged to trust investments due diligence? Second, the MS Trust corporation commissioned KH Group debt recovery in violation of the trustee personally management obligations, should bear any responsibility?Part II: Analysis resolve legal barriers that exist focus of controversy. First, examine our due diligence obligations for trustees, duty of care and duty of the law personally managed; Secondly, the focus of treatment in dispute are several obstacles to overcome, namely: one obstacle: the trustee’s breach of duty of care criteria; Obstacles II: Analysis trustees commissioned illegal handling of trust affairs responsibilities; three obstacles: the trust document contractual obligations and contradictions trust legal obligations.Part III: An empirical investigation two legal trustee for breach of duty criteria. First, examine the criteria for the United Kingdom and the United States in violation of the duty of care; secondly, study civil law in Japan, South Korea, Taiwan, China and the trustee for breach of the obligations and criteria.Part IV: suggestions for improving trust law. First, you can add a positive description of the provisions of the content in the form of negative lists trustee obligation to clarify the scope of the trustee duties, duty of care standards introduced legislation to require the trustee shall bear civil liability for breach of trust, the burden of proof upside down.