试析通道类信托之受托人责任的承担

按照信托法的规定，受托人应以自己的名义管理、运用信托财产，信托财产的安全和受益人的利益与受托人的行为密切相关。立法和规范制度的缺失，使受托人责任的承担问题成为化解通道类信托业务风险的难点。通道类信托受托人的职责由多方主体分担，该特殊性导致了同一信托下受托主体的多元化。各受托主体应就其分担的职责和获得的利益承担相应责任。厘清通道类信托受托人责任的承担，还要正确界定和处理合同受托人与其他相关主体的关系。

Analysis of Trustee Responsibility Undertaking in Passive Trust

According to the provisions of Trust Law , trustee manages or disposes of property rights in his own name , so the safety of the trust property and the interests of beneficiary are closely related to the behavior of the trustee . However , due to the lack of legislation and regulations , the problem about trustee responsibility undertaking makes it difficult to defuse the risk in passive trust .The trustee responsibilities in passive trust are shared among different par-ties, which lead to the diversity of the trustees under the same trust .Hence, the trustees shall bear corresponding re-sponsibilities in accordance with their duties and benefits under the trust .Moreover , to clarify the undertaking of trus-tee responsibilities in passive trust , it is necessary to define and deal with the relationship of the trustee under the contract and other related parties correctly .