Analysis And Research On The Related Problems Of The Development Support Mode Of Charitable Trust In China

The article is divided into three parts.As the research background,the first part discusses the current situation of the development of domestic and foreign charity trusts,respectively selecting the United Kingdom that was the earliest country to make the charity law based on centralized legislation model,and the United States and Japan that made the charity law based on decentralized legislation model as the comparative objects of study,and then discusses the composition,classification and supervision model of their philanthropic organizations.In the United Kingdom,philanthropic organizations that aim to charity are charitable trusts,which,however,do not have independent legal personality.This extends to the development of charitable trusts in China:The Charity Law was formally implemented on September 1,2016,the special chapters in which stipulated"Charitable Trusts" that clearly defined the form of the filing system.Thereafter,many charitable trust projects have been implemented for over a year.At the same time,it is also necessary to innovate new channels and modes,which,for example,may include the combination of charitable trusts and family trust businesses,turning property value-added protection into property isolation protection with the method of inheritance,and something like that.The second part is the study of the operation of charitable trusts in China.The establishment and operation of charitable trusts must first have funds,and how to raise funds need to be discussed.Charitable trusts are easily confused with the "collective funds trust plan" during the operation.Charitable trusts are charitable trusts,different from private trusts.Therefore,the two operating modes are distinguished in legislative purpose and conceptual category.The Measures for the Administration of the Collective Fund Trust Plan has its own background and scope of application.It is a departmental regulation with lower legal rank than the Charity Law and the Trust Law,and the trustee of the charitable trust and the fund trust plan It is also different.If the same regulatory rules are used,it is against the purpose of the legislation.Therefore,it is concluded that the charitable trust does not apply to the supervision of the "Management Measures of Trust Funds for Trust Funds".Then we study whether the charity trust is suitable for public offering or private placement.According to the nature,charitable organizations can carry out charitable fundraising,and they can also act as trustees to carry out charitable trusts.Trust companies can only carry out charitable trusts and cannot carry out charitable fundraising.All charitable organizations can distinguish between the public offering qualification,the trust company does not have such a distinction,but different trust business is divided into public or private.If the charitable trust does not allow public offering,then according to the applicable law of consistency,charitable organizations with public offering qualifications as a trustee is also not public offering.If charities act as trustees for public offerings,there will be cooperation between trust companies and charitable organizations or other forms of disguised breakthroughs,making supervision difficult.Therefore,it is concluded that the threshold of the charity's trust as trustee of the charitable trust can only be considered as the trustee of the charitable trust if the charitable organization with the public offering qualifications,so as to avoid the charitable organizations charity fund-raising and charitable trust facing the policy Inconsistent problem.Following the trust's general laws and principles are all more convenient operations.After studying whether the charitable trusts can be raised and privately offered,it also explores three kinds of situations that may appear during the operation:after the establishment of the charitable trust,the original principal appends the property;after the establishment of the charitable trust,it adds the new principal After the establishment of a charitable trust,whether other people can donate to the trust.Therefore,the charitable trusts set up for a single principal and the charitable trusts set up with multiple clients participate in different situations respectively.As far as supervision is concerned,as long as the charitable trust places more emphasis on the monitoring of the charitable trust in the process of charity launching,management of funds in the process of survival and ensuring that all the trust property is applied to the charity,it can ensure the legislative purpose The realization.The third part of the charitable trust termination of the cy-pres doctrine.Using comparative method thinking,the reference compares the application of the cy-pres doctrine to Anglo-American law systems and civil law countries.Article 57 of the "Charity Law" in China clearly stipulates the cy-pres doctrine for the termination of charitable projects.From the perspective of the system interpretation,this article is stipulated in Chapter 6 Charity Property of Charitable Law,rather than Chapter 5 Charitable Trust.Therefore,if the cy-pres doctrine applies to Charity Trust,its legal basis shall be the 70th Two.According to Article 72 of the Trust Law,the cy-pres doctrine applies when the charitable trust terminates at the following conditions:the cause of termination of the charitable trust;the vested rights of the charitable trust property or the belonging person are unspecified members of the public;Charitable trust property can only be used for charitable purposes similar to the original charitable purpose.Then the paper studies the application procedures of charitable trust's cy-pres doctrine and the practical conflicts and possible solutions of Article 72 of the "Trust Law" and the "Charity Law":The first proposal is to strictly adhere to Article 72 of the "Trust Law";The second plan is that the civil affairs department enjoys the approval right;the third plan is the entrusted person to enjoy the approval authority.