Research On The Application Of Cy Pres Doctrine In Charitable Trust

In China,philanthropy has long been included in the framework of social security system,and charitable trust as an important way of public participation in charity,with the promulgation of Charity Law has also opened the veil of mystery.As a kind of trust type,charitable trust is established by the settlor for the purpose of charity,in order to benefit the unspecified public.The cy pres doctrine is not only a characteristic system of charitable trust,but also an important symbol of its difference from other trusts.The problem it solves is to change the original charitable purpose into the closest other purpose when the charitable trust is facing termination and the original charitable purpose of the settlor cannot be realized,so that the trust property can continue to be used in charity.The application of the cy pres doctrine not only respects the initial charitable purpose of the client to a certain extent,but also enables the trust fund to continue to be used in charitable projects and promote the development of social security,which can be described as the best of both world.However,even though the country is paying more and more attention to the value of charitable trust as a "new public finance",on the basis of the trust law,the charity law and the administrative measures of charitable trust have been successively promulgated,but the provisions on the cy pres doctrine are still vague and confusing,and most of the domestic researches on the cy pres doctrine are superficial.Therefore,this paper will study the cy pres doctrine of charitable trust,first combing the relevant basic theory of the cy pres doctrine of charitable trust,clarifying the concept of charitable trust and the cy pres doctrine;secondly,tracing back to the source,studying the application of the cy pres doctrine in England and the United States,analyzing the development of the cy pres doctrine through the introduction of typical cases;thirdly,expounding the legislation of the cy pres doctrine of charitable trust in China At last,in view of the existing problems in China,we draw lessons from the mature rules of the United States and the United States on the cy pres doctrine of charitable trust,and put forward some feasible suggestions to improve the cy pres doctrine of charitable trust in China,so as to make some contribution to the construction and improvement of our charitable trust system.