Research On The Construction Of Guardianship Support Trust System In My Country

At present,the concept of guardianship in China is still based on the family care model,and the market-oriented and professional guardianship model has not been accepted by the public.Moreover,the current trust legal system environment does not provide favorable legal support for the trust to become a tool for the general public to manage wealth.Extraterritorial legal practice has introduced the trust mechanism into guardianship,which provides professional,personalized and comprehensive personal and property services for the ward by using the function of risk isolation and property value preservation and appreciation.On January 15,2020,China successfully implemented the first order of guardianship support trust applied to special families.The guardianship support trust system is mainly applicable to people with special needs,such as people with physical and mental disabilities,minors with single or lost parents,and the elderly with empty nest.Guardianship support trust has its unique institutional advantages.It not only solves the problem of "trusting money out",but also solves the problem of "dragging people out".It can effectively link up the personal care service plan.It is a supplementary arrangement for additional support to the deficiencies of the current guardianship system,trust system and social security system,so as to help people with special needs in personal affairs It is an institutional innovation to make sure that the trust property and personal care plan can be used for people with special needs according to the purpose set by the client.At present,China's legal policy environment of actively coping with the aging and building barrier free cities has the social demand and realistic foundation of building guardianship support trust system,but there are still a series of problems,such as high trust threshold,imperfect regulation of rights and obligations,lack of suitable trustee,weak supervision,and uncertain market risk.Combined with the actual needs of people with special needs in China,this paper analyzes the necessity and feasibility of establishing guardianship support trust system in China,and draws lessons from the system experience of the United States,Japan,Chinese Hong Kong and Chinese Taiwan,and puts forward that the construction of guardianship support trust system should change the guardianship concept based on family care mode,and accept the market-oriented and professional guardianship service concept.In the trust law,the types of guardianship support trust should be included,and complete provisions should be made on the subject of legal relationship,rights and obligations,basic process of establishment,supervision and management,personal care,property management and dispute resolution of guardianship support trust.In view of the fact that China's trust business is basically a property management mode tailored for high net worth people,with the continuous improvement of China's social public service support system,we should start from the real needs of people with special needs,and suggest that the CIRC approve some trust companies to develop low amount of custody support trust products,and give corresponding tax incentives.At the same time,we should set up a special implementation method for guardianship support trust supervisor,introduce the supervision of public power,and ensure that the system plays its due role.Finally,we should set up a sound risk compensation mechanism to prevent market risk and force majeure from making the purpose of establishing guardianship support trust impossible,so as to maximize the protection,dignity and high-quality life needs of people with special needs.