On The Perfection Of Trustee System Of Family Trust In Our Country

Family trust system is a kind of property management system developed in western countries for a hundred years.It itself originates from the characteristic attribute of Anglo-American law system.The most direct function is the management,inheritance and protection of family wealth.When integrating into China’s economic society,more and more people have formed more mature and in-depth thinking on the issue of wealth inheritance,and have begun to realize that the inheritance of family wealth is not only the inheritance of material wealth.There is also the family spirit and children’s ability to create wealth inheritance.As the core party of family trust,the trustee of family trust is the key link of family trust.There are still many ambiguities in the trust law of our country,but not in our country There are special trustee regulations to regulate the behavior of trustees,some general legal provisions can not solve the difficulties faced by family trusts in the development,and the rights and obligations of family trust trustees are unbalanced.The lack of supervision mechanism for family trust trustees has become a difficult problem in family trust theory and practice.Based on the difference between the family trust trustee system and the traditional trust trustee,this paper clearly defines the importance of the family trust trustee in the development of the family trust through the use of literature research,case analysis and comparative research.Adoption of legal provisions and cases on current family trust trustees It is pointed out that the difficulties faced by the family trust trustees in China mainly include the unclear ownership of the trust property by the family trust trustees,the limited qualifications of the family trust trustees,the imbalance in the distribution of the rights and obligations of the family trust trustees,and the supervision system of the family trust trustees.This paper puts forward the feasible countermeasures to develop the family trust trustee system in our country,and better standardize the family trust trustee system in our country.In view of the lack of separate trustee regulations and jurisprudence in our country,in order to solve the difficult problems faced by family trust trustees in our country,this paper draws lessons from the relatively mature family trust in Britain and the United States The trust system provides suggestions for the improvement of the family trust trustee system in our country: first,it is necessary to perfect the trustee governance mode,make clear that the ownership of the family trust property belongs to the trustee,and set up the trustee committee to make the family trust trustee system more professional in our country;second,expand the scope of the trustee,reduce the entry threshold of the trustee,and let more subjects participate in the family trust business;third,balance the rights and obligations of the family trust trustee,attach importance to the rights of the family trust trustee,and change the plight of the imbalance of the rights and obligations of the family trust trustee in our country;Fourth,construction Establish the family trust trustee supervision system,set up the family trust supervisor system,standardize the rights and obligations of the family trust supervisor.