The Study on Legal System of Supervision of Charitable Trust in China
|Keywords||Charitable trust Regulatory Supervision of a public trust Management department of public welfare|
In recent years, the property used for public welfare donation amount is increasing, a growing number of social forces willing to more funds for assistance to victims, to address poverty, donations to schools and other public welfare undertakings. Then, in the rapid development of social donation, how to manage social donations for public property become a whole society is needed to solve urgent problems, such as occurred in recent years such as the Wenchuan earthquake social donation events. Properly handle Social donated property based on the experience of foreign countries as well as China's actual Charitable Trust is the most important and should be taken generally. The charitable trust is an important property management system, to act on behalf of the advantages of the public property, is today one of the system to protect public welfare development. The charitable trust was first produced in the United Kingdom, the development of mature common law countries, has been fully developed abroad, in the system of supervision, to achieve effects are perfect. Charitable trust into our country and there are nearly a hundred years of history, although the development of a long time, but in public trust in the development of China's public welfare will undoubtedly occupy an important position, is to protect and support the development of China's charitable trust system. In 2001, the state promulgated the \\However, the legal requirements for the development of a public trust or not enough. Charitable trust system there are still many problems, for example, there is no defined management department of public welfare, the provisions on the rights and obligations of the trustee is not clear, the supervisors can not effectively take regulatory measures in public trust. In addition to the above provisions of imperfect, charitable trust things off not a specific social and public interest, public good characteristics, the perfection of the charitable trust, on the one hand, to promote the development of public welfare, on the other hand can protect not specific beneficiary interests. Departure from the above two points, it is very necessary to establish a charitable trust regulatory legal system. It can maintain the enthusiasm of the donor's donation, and promote the healthy development of a public trust, a public trust to achieve the purpose of public welfare, as well as to promote the development of public welfare. The first part of this paper is a general analysis of the legal system of charitable trust regulators. This section describes the concept and its characteristics, the charitable trust regulatory concept and its characteristics as well as the charitable trust regulation necessity of a public trust. The second part of the Two Schools Comparison and analysis of the legal system of national charitable trust regulators. Which were introduced Charitable Trust regulatory system of common law countries and civil law countries, and these systems of significance in China. The third section describes the status quo of China's charitable trust regulators and its problems. The author in a comprehensive introduction to the status quo of China's charitable trust regulators, five issues of China's charitable trust regulators exist. The fourth part is for the existing regulatory legal system of China's charitable trust, learn from the experience in other countries, and China's actual conditions based on proposed four recommendations.