Research On Legal Issues Of Trustee Of Charity Trust In China

The development of philanthropy is a sign that social civilization has developed to a certain level.It has made a great contribution to narrowing the gap between the rich and the poor and promoting social equity.Charitable trust is one of the best part of charitable undertakings.It has been developing for hundreds of years and has produced good social effects in different countries and regions.Although we have established the "public trust" system in 2001,the "charitable trust" wasn’t established until 2016,in《Charity law of the People’s Republic of China 》.Since then,China’s charitable trust legal system has been gradually established.The trustees is the core subject of a charitable trust because they connect the trustors with the beneficiaries and fulfill the charitable purposes by the perform their own duties.Any deviation of the trustee’s behavior will cause serious damage to the charitable trust.Therefore,this article takes the charitable trust trustee as the breakthrough point to explore the problems that still exist in our country’s current legal system of charitable trust trustee,including the imperfections in legislation and the problems exposed in practice,and to put forward personal solutions to these problems in order to contribute to the improvement of our country’s legal system of charitable trust trustee.This article is mainly divided into the following parts: Firstly,it introduces the basic theory of charitable trust,including its historical evolution and its discrimination with the concept of public trust.At the same time,it introduces the parties in the legal relationship of charitable trust and points out the important position of trustee in charitable trust.Secondly,it analyzes the current situation of the relevant legislation and organizational model of the trustee system of charitable trust in China.After analyzing the current situation,this paper points out the problems that still exist in the legislation and practice of the trustees of charitable trust in China,taking the role of the trustees in the process from the establishment to the termination of charitable trust as the context.Finally,aiming at the above-mentioned problems,I put forward some personal suggestions for improvement,including some innovative ideas on the trustee system of charitable trust in China,so as to realize the perfection of the legal system of charitable trust trustee in China in all aspects.