论我国农村土地信托受托人的义务与责任

On the Obligations and Responsibilities of the Rural Land Trust Trustee in China

农村土地信托受托人应负专业受托人的谨慎义务、对代为处理信托事务之他人负有选任及监督职责,且应公平对待不同类别受益人。我国应尽快建立不动产信托登记制度,赋予经登记的信托财产更强公示效力。受托人违反忠实义务获得利益归入信托财产。我国应赋予第三人因与代为处理信托事务之他人发生债权债务关系时直接向受托人及信托财产提出主张的权利。

The trustee of rural land trust have duties to administer the trust as a prudent person, to supervise or monitor agents in the administration of the trust and to administer the trust in a manner that is impartial with respect to the various beneficiaries of the trust. The registration system of land trust should be established as soon as possible in China to give the properties on registration more publicity force. Profits gained from violating of loyalty duty by the trustee belong to the trust property.When the third party has debtor-creditor relationship with the agents administrating the trust, the third party has the right to claim his rights to the trustee and trust property directly in the rural land trust in China.