Hui Jing and Wanyi Zhang on Enforcing Chinese charitable trusts (Trusts & Trustees)

"Enforcing Chinese charitable trusts"
Wanyi Zhang, Hui Jing
Trusts & Trustees, ttaf002
Published Online: January 2025

Abstract: This article examines the enforcement mechanisms of Chinese charitable trusts, highlighting the limitations of public law enforcement by civil affairs departments due to resource constraints. Through a comparative analysis of the English particular interest rule, it explores alternative enforcement frameworks, arguing that the beneficiary–recipient debate, while academically insightful, does not address practical enforcement challenges. The study suggests that the public law elements of charitable trusts necessitate a flexible, context-sensitive enforcement approach. For Chinese courts, the focus should be on whether supporting a plaintiff-charitable trust beneficiary’s claim ensures proper management of trust property and preserves the public benefit.