On The Construction Of Private Interest Trust Supervisor In China

The system of private trust supervisors is originated in offshore areas.It was firstly written in law in Japan.Later,the system was transplanted by South Korea and Chinese Taiwan.In China,the trust supervisor system of Trust Law is only stipulated in the Chapter VI that public trust should establish a trust supervisor.There is no requirement for a private trust supervisor,which is not conducive to the protection of private trust beneficiaries’ interests in China.At present,the supervision of private trusts in China is mainly conducted by the assembly of beneficiaries and the administrative body.Due to the large number of people in the assembly of beneficiaries,the psychology of “free-rider” and the guaranteed measures of“rigid payment ”cause a lack of supervising motivation.And the administrative supervisions are mostly “window supervision” and “subsequent supervision”,which cannot effectively protect specific private trusts.Therefore,it is suggested that China’s "Trust Law" introduces the system of private trust supervisors.Specifically,the paper is divided into four parts:The first part-is an overview of the private trust supervisor system.It mainly discusses from three aspects: the concept of the private trust supervisor,the characteristics of the private trust supervisor,and the legal status of the private trust supervisor.This part is a theoretical foundation for the later argument.The second part elucidates the necessity of introducing the private trust supervisor system.It mainly expounds from the following three parts: “Free rider” psychology and “rigid payment” cause a lack of supervising motivation supervision;the "window supervision" of administrative supervision cannot effectively protect the interests of private trust beneficiaries;and the protection of private trust beneficiaries taken by private trust supervisor It demonstrate the necessity of introducing a private trust supervisor system from two perspectives.The third part introduces overseas private trust supervisor system.It mainly discusses from the two aspects of common law system and civil law system,sorting out the requirements of private trust supervisor system of common law system represented by the United Kingdom and the United States and civil law system represented by Japan and Chinese Taiwan.Both these two systems provide a reference path for the construction of China’s private trustsupervisor system.The fourth part explains the construction of China’s private trust supervisor system.It mainly discusses from the text structure arrangement of transplanting the private trust supervisor system in China,the establishment conditions,qualifications for resignation,resignation and dismissal,rights and obligations and responsibilities of private trust supervisors.This part provides reasonable suggestions for the establishment of private trust supervisor system in China.