Research On The Localization Of Charitable Trust System In China

Charitable trust system which has been originated in the British system of dual method is the unique and indispensable important content in the Anglo-American law system,and it gradually develops as one of the charity model which has widely used in the world.The transplantation of charitable trust in China didn't accomplish in an action.In the “ Law of Trust”in 2001,a special chapter provided for public trust,and the new “Charity Law” of 2016 stipulated charitable trust.Is there any difference between the two concepts? Is the public trust in our country not good enough to need a new law? And how can the new charitable trust be localized so that it can be rooted and rejuvenated in our country? To solve these problems,this article aims to clarify the concept of the charitable trust system,determine its position in the “Charity Law” and “ Law of Trust”,promote linkages with existing charities such as charitable foundations,and to perfect the related system,make it play a positive role in the social donation.The text of this paper is divided into five parts,which don't include the introduction and conclusion.The first part reviews the historical evolution of the charitable trust,clarifies the definition of charitable trust,probes into the similarities and differences of charitable trust and public trust,and makes further interpretation from the functions and features of charitable trust charitable trust,.The second part mainly discusses the issues of the localization of charitable trust in China,from the interpretation of the concept of localization,the localization of necessity,and then to the three major factors in the process of the localization of inductive,for subsequent articles in clarifying the logical line.The third,fourth and fifth parts are specific steps for how to localize charitable trusts.First of all,the localization of the theoretical basis,that is localization between double ownership in China's charitable trust system.Secondly,it is the possibility of whether the charitable trust can be integrated with the local organization.This paper is represented by the foundation.Finally,this paper aims to improve the supporting measures for the system of charitable trust,and to play an essential function of the charitable trust.This paper is combined with the reality of our country to solve the related problems,and it lays a solid foundation for the long-term development of philanthropy in China.