Public trust the legal system in China
|School||Central University for Nationalities|
|Course||Civil and Commercial Law|
|Keywords||Charitable Trust Governance structure The purpose of public trust Regulatory approach|
China is in a special period of economic, social and institutional transformation, facing a lot of problems affecting social harmony, such as the pressure of population, resources and environment, poverty-stricken population, frequent natural disasters, to solve these problems affect social development and stability, not only to rely on the power of state and government, but also the need to mobilize all social forces to develop public. At present, China Foundation as the main form of public welfare model of development has far can not meet the needs of the community, charitable trust with its unique institutional strengths comparable to the best choice for the development of public welfare. As jurists Jiang Ping said: \400 years of development history. In 2001, China promulgated and implemented the \Charitable Trust to carry out public welfare cases in practice rarely or public trust system in China is still in its infancy, the effectiveness of social welfare undertakings has not been fully realized. The reason is the public trust in China's legal system is not perfect. This paper is divided into four parts to the public trust the legal system in China. Introduction section introduces the necessity and feasibility of the system of public trust in the development of our country, as well as the research purpose and meaning. The first chapter is a charitable trust the legal system overview, designed to pave the way for the discussion below. Section II break through the traditional legal theory in public trust law first section view of the \relations defined mode, drawing on the organization's network structure theory in organizational sociology to illustrate the governance structure of the public trust, and believe that the system of public trust is actually a network of public service activities to participate in the governance of the parties in accordance with certain rules, which is the characteristics of the at the fourth quarter inductive analysis; Section III comparative analysis, analysis of public trust is established in the form of substantial elements as well as the grounds for termination and approximate application of the principle of common law and civil law two main lines; the positive role of public welfare and development of trust business by introducing the public trust to illustrate the value of the system. The second chapter focuses on the stage of China's legislation and practice of public trust status quo is reviewed and analyzed the legal deficiencies in the system of public trust. Chapter inadequacies of public trust legal system, learn from the advanced experience of foreign countries, combined with China's actual situation, put forward a few suggestions to improve the legal system of the public trust in China, including: clear public trust identified objective criteria, to establish registration establish a system to build public trust in China's external supervision, internal regulatory and self-regulatory regulatory approach, in order to establish a good legal environment for the development of public trust.