Research On Relevant Legal Issues Of The Operation Mode Of Charitable Trust Of China

With the continuous development of Chinese economy,the requirement for social charity is expanding and the amount of charitable donations is increasing.Under the background of Trust Law,the public trust system can not meet the needs of the people and social development.China's first Charity Law was adopted in March 2016,which detailed the provisions of charitable trusts.Charitable trust,on the one hand,to meet the needs of the public charity,on the other hand,ensure the safety of charitable donations in some degree.However,Chinese charitable trust is still in its infancy.Operation mode of charitable trust means that management and operation,supervision of the trust operation process and the power distribution of related subjects which the choose of trustee acts as the core.Operation mode of charitable trust plays a main role of charitable trust.It is necessary to analyze the advantages and disadvantages of different kinds of charitable trust trustees,select the appropriate operation mode of charitable trust,and improve the supporting system.This dissertation includes three chapters:The first chapter introduces the basic theory of charitable trust.First of all,explains the concept of charity in china literally and Chinese traditional charitable idea.At the same time,introduces at the specific historical background of China,that charitable trust means the activities under which the principal authorizes its property to the trustee in accordance with the law for charitable purposes,and the trustee manages and disposes of the property in the name of the trustee according to the principal's wishes,and conducts charitable activities.And the classification of charitable trust,to lay the foundation for the following.Secondly,it analyzes the social background and legislative background of charitable trust in China.Finally,Chapter1 defines the core elements and evaluation criteria of the operation mode of charitable trust.The main elements of the operation mode of charitable trust includes character elements and process elements.The evaluation criteria of the operation mode of charitable trust mainly includes the realization of charitable purposes,the control and minimization of the risk of charitable trust,the cultivation of public charity awareness.The second chapter analyzes the current situation of operation mode of charitable trust in China by case studies.First of all,discusses some cases after the implementation of the Charity Law(2016)to summarize the problem of the existing charitable trust cases,including improper regulatory agencies,the misassignment regulatory authority and the choice of trust supervisors at trustor's discretion.Secondly,analyze the typical case of charitable trust of trust company oriented operation mode of charitable trust which ignores the disadvantages of trust companies,and exaggerate the disadvantages of charitable organizations.Finally,analyzes the problems existing in the charitable organization participating operation mode of charitable trust by clarifying it into “entrusting by charitable organization and operating by trust company” and “implementing by charitable organization and operating by trust company”.The main problem is lack of a checks and balances mechanism.The third chapter explores the operation mode of charitable trust with Chinese characteristics.First of all,build up the supervision system of charitable trust.Secondly,it is necessary to understand the necessity of the trust supervisor,that is to say,the charitable trust must choose the trust supervisor,and the trust supervisor should understand the trust business and be able to undertake the responsibility independently.Thirdly,emphasis the importance of complementary functions of trust companies and charitable organizations.Finally,explores the proper operation mode of charitable trust at the background of Chinese legal system.Consummate single trust in the dual-trustees of operation mode of charitable trust,focusing on the establishment of checks and balances and cooperation mechanism between charitable organizations and trust companies.Analyses dual trusts in the dual-trustees of operation mode of charitable trust and the application of charitable remainder trust in China.