Research On The Protection Of Rights Of Family Trust Beneficiaries In China

As a tool for the inheritance of emerging family wealth,family trusts are more comprehensive and more diverse than traditional will inheritance.In recent years,it has been favored by domestic high-net-worth individuals and has been able to develop at high speed.Among them,the beneficiaries of family trusts,as the necessary subject of trust legal relationship,are related to the protection of their rights.In addition to the beneficiaries,the internal trust relationship of the family trust also includes the client and the trustee,and the external relations includes the protector and the creditors.Therefore,the study of the protection of the right to the beneficiary of family trusts cannot be separated from its connection with other relations.Therefore,this article will cut in from the four subjects except the beneficiaries,sort out the lack of existing regulations of the my country Trust Law,and study the issue of the right to protect the right of the family trust.In addition to the introduction,this article is mainly divided into five parts:The first part cuts from the basic theory of family trust and beneficiaries,and is divided into three levels.The first is the definition of family trust,which specifically includes its functions,business content,and restrictions.Second,the attributes of family trust are positioned.Through the summary of the dispute over the science,combined with the British and American legal system legislation and the function of family trust,the focus of the family trust and the characteristics of property characteristics are proposed;finally,combing the rights enjoys the rights of family trusts and clearly define the nature of the rights.Lay the foundation for the following studies of the protection of its rights.The second and third parts are starting from the insider,and the entry point is based on the client and the trustee.First analyzed the reserves of the rights stipulated in the law of my country’s law to retain the expansion,mandatoryness,and the faithful obligations of the trustee’s obligations,and the lack of judgment standards for the obligations of the trustee.Later,an analysis of the adverse effects on the protection of the right to the beneficiary of the family trust will be analyzed.And on the basis of combining external investigations,it proposes to adjust the rights of the client and improve the obligations of the trustee’s believer to improve the right to protect the right of the beneficiary of our family.The fourth and fifth parts start with external relations,and the creditors who protect and beneficiaries are the starting points.First analyzed the problem of gaps in my country’s trust protector system and the lack of squandering systems.Later,the need for the protection of the rights of the beneficiary of family trusts.Therefore,on the basis of reference system-related systems,it is proposed to add a trust protector system and the introduction of prohibition of splurgence to improve the right to protect the rights of the beneficiary of our family.As a result,a relatively complete system for the protection of the rights of the beneficiary of our family.