我国公益信托监察人制度的完善分析-analysis on the perfection of chinas public trust supervisor system.docxVIP

1 1 Abstract Originating in Britain, Trust has been kept serving the public welfare utility from the very beginning. However, regulation of charitable trust supervisor in Britain is nearly blank. Trust supervisor is first established in Japan Trust Law. Based on the Trust Law of the continental law system countries, the Trust Law of the peoples republic of China makes a clear regulation that there must be trust supervisor in the public welfare trust system. However, the provision of trust in China is imperfect. Act on the supervisor of public welfare trust is too simple that the trustee can’t effectively perform their duties and effectively protect the interests of beneficiaries, which blocks the conduct of the public welfare trust in China. In this dissertation, author focuses the study on system improvement of charitable trust supervisor as four sections. First, it elaborates the charitable trust supervisor system. Based on the analysis of the system of charitable trust supervisors, this dissertation demonstrates the Legal status of a charitable trust supervisor in two aspects. It discusses the necessity of the establishment of the system of charitable trust supervisors from both theoretical and practical aspects, and also reveals that charitable trust legal system should be improved from the respect of charitable trust supervisors. The second part points out that the defects of the supervisor system of the charitable trust in the Trust Law of PRC. Five defects of the legislative deficiencies are introduced in detail, including no job requirement, unclear regulation of position power, the shortage of obligations and responsibilities, no solution to the conflicts between different supervision and lacking of supervision to public trust supervisor monitoring rights. The third part explores the charitable trust supervisor systems in other countries and regions. Introduces the provisions of British and American law in common law systems as well as the provisions in th