我国《信托法》有关“受益人”的规定值得商榷之点

Worthwhile Discussing on Regulation of Concerning Beneficiary in Chinese Trust Law

我国《信托法》第四章第三节是关于“受益人”的专门规定。该节虽然仅有7个条文,但其中有4个条文存在值得商榷的问题,这就是关于受益人定义和资格的第43条;关于信托受益权开始时间的第44条;关于受益人放弃信托受益权的第46条;关于受益人行使权利与委托人意见不一致处理的第49条。上述问题的存在一定程度上减损了我国《信托法》的立法水平,值得重视。

Section 3 of chapter 4 in trust law is special regulation concerning beneficiary. Although there are only seven articles, four articles in it have some questions which are worthwhile discussing. Those shortcoming - articles include article 43 which is concerning definition and qualification of beneficiary, article 44 which is concerning beginning time of beneficiary - right, article 46 which is concerning reject of beneficiary - right, and article 46 which is concernigu settlement for disaccord between settler and beneficiary when exering own right. In some degree, above questions reduce legislation level of our trust law, we should given enough attention to it.