Trustee’s Dilemma And Legal Countermeasure In Chinese Family Trust

Nowadays the number of high-net-worth individuals in our country is increasing year by year as the economy of our country is growing rapidly.However,the attention of the first generation high-net-worth individuals is shifted from how to earn more wealth to how to transmit wealth because of their growing age.In this context,the family trust,which has the function of wealth inheritance,has gradually attracted people’s attention,and some trust institutions have also actively expanded their family trust business.However,contrary to the huge family trust market in our country,the family trust industry has not witnessed explosive growth at present.As a result,there do not leave much things for the trust institutions to do resort to those difficulties,though they are willing to enter into this promising market.The study focused on trustee in Chinese family trust,and analyze its role in the tr ipartite subject of family trust by using a variety of research methods.Based on Chine se trust law and relative regulation about the family trust,this paper proposed that ther e are some difficulties about trustee in Chinese family trust,such as unclear and imbala nces obligations,limited rights and overweight responsibility.Through analyzing the prac tice situation of trustee in family trust,this paper point out that trustee in family trust ha d to face many additional risks due to incomplete trust registration system,immature t ax system,unclear applicable standards of trust property restrictions and legal problem s about expiration of land use right.For the trustee’s difficulties above,our country coul d draw lessons from the legislation experience of developed countries such as Americ a and Japan.By balancing the interests,our country could try to reduce trustee’s loyalt y duty in family trust appropriately,build regulation of cautious obligation standard,stren gthen trustee’s rights and position,complete the liability of the trustee,lighten the secon d times entrusted responsibilities,and improve trust legal and supporting system to bre ak trustee’s practice dilemma.At last,through analyzing the causes of trustee’s dilemm a deeply,this paper concluded that Chinese society lack trust to trustee and legislation in tervene too much to parties’ freedom in family trust,which mainly resulted in trustee’s dilemma,and proposed that only construct trustee’s trust system and improve family t rust’s market environment could help the trustee get out of dilemma fundamentally.