慈善信托受托人义务研究
发布时间：2018-09-14 07:31
【摘要】：正如英国法律史学家梅特兰所言:信托制度是英国人在法律领域取得的最伟大成就。信托制度自出现之后,逐渐被英美法系,乃至大陆法系大部分国家所运用。时至今日,信托在现代经济发展中起着越来越重要的作用,与银行业、证券业、保险业共同成为现代金融业的组成部分。随着经济的不断发展,财产类型的多样化,信托运用的范围也在不断扩大,在推动国家社会发展中的作用日益凸显。作为信托的重要组成部分——慈善信托,对各国慈善事业和公益事业的发展起了推动作用。当然,同民事信托、商事信托一样,受托人在慈善信托法律关系中处于中心地位:受托人对受托义务的履行程度直接关系到委托人信托目的实现和受益人权利的保障;也关乎慈善事业的健康发展和国家、社会公共利益的实现。因此,强化和完善慈善信托受托人义务十分必要。本文主要有三大部分组成:引言、正文和结论。在正文部分:首先,论述慈善信托起源和发展;其次,结合近年来我国慈善事业的发展,对慈善信托做出进一步论述。同时对慈善信托受托人义务的来源从理论层面予以分析,确定在慈善信托中受托人义务范围;再次,从立法层面和实践层面,选择我国慈善信托受托人义务存在的四个突出问题,对受托人资格规定、受托人义务内容规定、受托人监管方面以及受托人法律责任方面着重分析。最后,考察国外其他国家有关慈善信托受托人义务方面的经验,立足于我国实际,提出了较为完善的建议,以期促进我国慈善信托健康运行,推动社会慈善事业的发展。
[Abstract]:As Maitland, an English legal historian, said: trust is the greatest British achievement in the field of law. Since the emergence of trust system, it has gradually been used in most countries of Anglo-American law system and even civil law system. Nowadays, trust plays a more and more important role in the development of modern economy. Together with banking, securities and insurance, trust has become an integral part of modern financial industry. With the continuous development of economy, the diversification of property types, the scope of trust application is also expanding, which plays an increasingly prominent role in promoting national social development. As an important part of trust-Charitable Trust plays an important role in the development of philanthropy and public welfare in various countries. Of course, like civil trust and commercial trust, trustee is in the central position in the legal relationship of charitable trust: the degree of fiduciary obligation is directly related to the realization of trust purpose and the protection of beneficiary's rights; Also related to the healthy development of philanthropy and the country, the realization of the public interest. Therefore, it is necessary to strengthen and perfect the fiduciary duty of charitable trust. There are three main parts in this paper: introduction, text and conclusion. In the main part: first, the origin and development of charitable trust; secondly, combined with the development of philanthropy in recent years, charity trust to make a further discussion. At the same time, it analyzes the source of the fiduciary obligation of charitable trust from the theoretical level, determines the scope of the fiduciary obligation in the charitable trust; thirdly, from the legislative level and the practical level, This paper selects the four outstanding problems existing in the fiduciary duty of charitable trust in China, analyzes the qualification of the trustee, the content of the fiduciary obligation, the supervision of the trustee and the legal liability of the trustee. Finally, based on the experience of other countries in China, the author puts forward some more perfect suggestions in order to promote the healthy operation of charitable trust in China and promote the development of social charity.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.282
[Abstract]:As Maitland, an English legal historian, said: trust is the greatest British achievement in the field of law. Since the emergence of trust system, it has gradually been used in most countries of Anglo-American law system and even civil law system. Nowadays, trust plays a more and more important role in the development of modern economy. Together with banking, securities and insurance, trust has become an integral part of modern financial industry. With the continuous development of economy, the diversification of property types, the scope of trust application is also expanding, which plays an increasingly prominent role in promoting national social development. As an important part of trust-Charitable Trust plays an important role in the development of philanthropy and public welfare in various countries. Of course, like civil trust and commercial trust, trustee is in the central position in the legal relationship of charitable trust: the degree of fiduciary obligation is directly related to the realization of trust purpose and the protection of beneficiary's rights; Also related to the healthy development of philanthropy and the country, the realization of the public interest. Therefore, it is necessary to strengthen and perfect the fiduciary duty of charitable trust. There are three main parts in this paper: introduction, text and conclusion. In the main part: first, the origin and development of charitable trust; secondly, combined with the development of philanthropy in recent years, charity trust to make a further discussion. At the same time, it analyzes the source of the fiduciary obligation of charitable trust from the theoretical level, determines the scope of the fiduciary obligation in the charitable trust; thirdly, from the legislative level and the practical level, This paper selects the four outstanding problems existing in the fiduciary duty of charitable trust in China, analyzes the qualification of the trustee, the content of the fiduciary obligation, the supervision of the trustee and the legal liability of the trustee. Finally, based on the experience of other countries in China, the author puts forward some more perfect suggestions in order to promote the healthy operation of charitable trust in China and promote the development of social charity.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.282
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