Public Trust Legal Issues Research In China

China’s public trust is transplanted into the trust law of the two countries.As the reform enters the deep water area,the development of public welfare undertakings also faces the bottleneck.Based on national conditions,theoretical basis and operation of soil is different,the development of public trust in our trials,in the establishment,operation,regulation has many shortcomings,makes the public utility cannot get good play of public trust.At the same time the main propulsion power is the foundation of public welfare undertakings in China and trust and investment companies,both as the joint trustees of public trust,to a certain extent,promote the development of the public trust,but appear frequently in recent years about the foundation of the scandal,makes the trust of the public image collapse and stop its progress.This article from the basic problem,legal status,from three aspects,such as perfect measures combining with the experience of Anglo-American law system and continental law system,analyzes the achievements and shortcomings of the trust law system in China,and based on the economic,political,and cultural development of the our country present stage,puts forward some specific measures to solve the problem of our country public trust,the following are introduced one by one.The first part,the analysis of the Anglo-American law system countries and development of public trust system,combined with China’s national conditions,reinterpret the public trust system,pointed out our country’s public trust is an exotic,transplantation in countries such as Britain and America,and to redefine the concept of public trust in our country: is based on the trust relationship between the parties,the client will trust property based on the public welfare purposes,carte Blanche to be managed and disposed of the trustee,the proceeds by the beneficiary.Again at the same time,the outline of this stage of the legal system of public trust features,such as: the purpose of public welfare,the independence of the property,duration of unlimited,etc.,and starting from the legal characteristics of public trust,trust and private interest,social donation makes a detailed contrast,make people deeply understand the public trust.The second part,consists of two parts,mainly introduced the legal status of public trust in our country,from the trust system of common law countries,although with the efforts ofour government,academia has achieved some success,but the provisions of the trust law is not perfect,for the term "trust",some people did not really understand,so the trust results is not big.The first half of this article introduced the development of China’s legal system of public trust,launched a series of laws and regulations,on the basis of the experience at home and abroad for reference,such as China,after eight years of repeated efforts,modified,supplemented a series of measures,introduced the "three rules" a method of trust business,the trust law of the People’s Republic of China,the trust company management measures "," trust company under the trust plans of assembled funds management method ",the trust company’s net capital management method ".Then part mainly introduces the legal system of our country public trust,the definition of public purpose concrete face difficulties,licensing system,the provisions of the rights and obligations is not clear,the preferential tax system is not perfect,the lack of supervision system and so on a series of defects,lead to the development of public trust is not well meet the requirements of China’s charity,did not play its real public utility.This part mainly plays an important role of connecting and guiding the following,aiming at the loopholes in our country’s trust law,and proposing the perfect measures in line with our country’s practice.The third part,combined with our country’s political,economic and cultural development present situation,and the above put forward the our country present stage of the deficiency of the legal system of public trust exist,put forward in accordance with the reality of our country about the improvement of public trust.Specific include: to increase the public trust of supportive policies,improve the trust registration system,to establish the rights and obligations of the parties to a trust,expand the scope of approximation principle,strengthen the supervision of public trust and so on six aspects,from the establishment,operation and supervision of public trust all aspects such as the improvement of the specific measures are put forward,in order to achieve the purpose of trust and good operation,but also with the shortage of the legal system of the present stage our country public trust above photograph echo,make the structure more compact.