Volume 1, Issue 1
Chinese Academy of Social Sciences
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LU XIAOJIANG. (2017). The Improvement of the Supervision System of Charitable Trust in China. Journal of Commercial Law Review, 1(1), 99-112..
At present
the supervision right of charitable trust in China is enjoyed by the Civil Affairs Department and China Banking Regulatory Commission (hereafter refer to as CBRC). The Civil Affairs Department is responsible for filing the charitable trust and supervising the charitable trust business of charitable organizations. And the CBRC supervises trust institutions charitable trusts and trust funds. Such a plausible regulatory resource allocation is actually flawed. The Civil Affairs Department has an advantage in supervising charitable trust practice
while the CBRC is dominant in regulating charitable trust operation. However
the current allocation of regulatory resources for charitable trusts in China does not give full play to the advantages of the Civil Affairs Department and the CBRC. And the cause is the lack of appropriate understanding of China's trust industry. The charitable trust in China has its own logic of formation. In China
the difference between private trust and public trust is the distribution of trust property and rewards
while the disparity between civil trust and business trust is the operation of the trust property. The division of private and public trust is not the same as that of civil and business trust. Therefore
the allocation of regulatory resources should be laid particular emphasis.
charitable trustpublic trustbusiness trustcivil trust
1.See the first article of the Management Measures of Charitable Trust.2. Management Measures of Charitable Trust Jointly Issued by the CBRC and theCivil Affairs Department. Oct. 19, 2017, Civil Affairs Department. gov.cn/article/zwgk/mzyw/201707/20170700005210. shtml3.The Main Responsibilities of the Ministry of Civil Affairs. Oct. 20, 2017, CivilAffairs Department. gov. cn/article/jg/zyzz/4.See the article 62, 64, 66, 67, 68, 69, 71, 72 and 73 of The Trust Law of People sRepublic of China.5.Zhao Lei. Research on the Legal System of Public Trust. 1st ed. China Law Press,2008, p. 193.6.Kang Rui. Study on the Transplantation of the Legal System of Trust in China.1st ed. Shanghai U of Finance and Economics P. Oct. 2008, pp. 111-12.7.Kang Rui. Study on the Transplantation of the Legal System of Trust in China.1st ed. Shanghai U of Finance and Economics P. Oct. 2008, pp. 115.8.Kang Rui. Study on the Transplantation of the Legal System of Trust in China.1st ed. Shanghai U of Finance and Economics P. Oct. 2008, pp. 115.9.Shi Tiantao and Zhou Qin. Commercial Trust: Institutional Characteristics,Function Realization and Legislative Adjustment . Tsinghua Law Journal. Vol,2, 2008.10.Sheng Xuejun. The Defects of China s Trust Legislation and the Eliminationof Trust Function . Modern Law Science. Vol. 6, 2003.
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