Study Of Chinese And Foreign Trust System

The main purpose of the article is to combine the traditional trust theory with the concrete situation of our country and make comparison between Chinese and foreign trust systems. By profound analysis on trust system and trust business in our country, we raise suggestions on the renovation of trust system and trust business.With intrinsic deficiency in our country trust business, there has not yet been a standard trust system, which led to severe bad asset problems nowadays, the inability to solve the problem created by the double tax generated from trust property ownership right and the dual existing problems: The lack of administrative control on overall volume and the lack of trust agencies and the problem of terribly lagging behind of legal construction caused by the mixed nature of trust business that brings about the difficulties in management. Trust industry is facing business competition from banking industry, insurance industry, notably securities industry. Also it faces the fierce competition from the same trade of other countries. After the publication of Trust Law as well as the provisions on trust management such as the Management Method on Trust Investment Company and Tentative Management Methods on Fund Trust of Trust and Investment Company, and after our country entered the WTO, trust industry began to see a brand new opportunity for historical development. The creativity and wide ranged adaptability of trust business enables it to play an important role in national economy taking advantage of its flexibility in its system and the distinctive character of the marginalization of legal relationship, thus serving to reduce cost of reform and exerting the function that is difficult for bank, security and insurance industry to do. The present stage of development and conditions pose us historical demandand severe challenges. Hence, it is imperative to learn and study the successful experiences of foreign countries, to follow as an example the renovation function played by foreign trust entities in order to speed up and perfect the development of our country trust business. As a managerial staff with China Coal Trust and Investment Corporation that was the first to get registered after the restructure of our country's trust industry, I believe I shall do whatever I could to contribute to the development and renovation of our country's trust business. Therefore I have chosen the Thesis on Research of Chinese and Foreign Trust System as my own research target for my doctor dissertation.There are altogether six chapters besides Foreword. There are three layers of arrangements in the structure of the article comprised of the six sections. Chapter one is the first layer of arrangement, mainly expounding the concept, signification, origin, basic elements, mainly features, class of trust. And trust theory, which sets up a basic structure for trust theory. The second layer of arrangement lies in chapter two, chapter three and chapter four, where it mainly expounds the formation and development of Chinese and foreign trust systems and on this basis it makes a comparison on Chinese and foreign trust systems. It summarizes the experiences and lessons for our country to learn from foreign trust system. The third layer of arrangement lies in chapter five and chapter six, where it explains the renovation arrangement for the development of our country's trust industry. On basis of summary of success as well as failure of experiences in Chinese and foreign trust system, by integrating the reality of development of our country's trust industry, it puts forward the way of thoughts as to how to renovate and develop the trust industry of our country. The main logic of the thoughts of this article is to combine theory with practice and to make foreign things serve China. It first of all exerts study on trust, trust system and trust business theoretical research, then it makes comparative studies on Chinese and foreign trust system. By doing so, the article makesa deepen analysis on our country's trust system, finds out the suc...