On Legal Protection Of Trust Beneficiary

No only during the origin of the trust but also the modern development of the trust,the purpose of trust establishment is to achieve the interests of trust beneficiaries.Currently,in trust legal relationship of commercial law,because of the separation between the residual rights of control and the residual claims,compared to trustee,beneficiary access to information under the apparent fall in the wind,but the realization of interests of the beneficiary rests upon trustee's obligations,which decide the status of trust beneficiary in the trust relationship is clearly strong but real weak.Because of the conflict between the doctrine of "a matter of a right" of Chinese law and the doctrine of "dual ownership" in Anglo-American trust law,the introduction of the trust system into China inevitable resulted in acclimatized features.It is not deny that the following situations exist in the current time,such as lack of tradition of fiduciary duties of trustee,lack of beneficiary awareness of investment risks,and lack of relief mechanism factors and so on,which serious damaged legitimate rights of trust beneficiaries,greatly undermined investors' confidence in the trust and hinder the development of trust industry.In order to protect the legitimate interests of trust beneficiaries,to promote the development of trust industry,the dissertation won't follow the indirect research model of researching the regulation of trust to realize trust beneficiaries,but focus on the angle of protection of trust beneficiaries,based on the fundamental theory of trust,to clarify the investor character of trust beneficiaries,to conclude the methods of protection of trust beneficiaries as pre-protection prevention mechanisms and post-relief mechanisms,direct and indirect protection means protection approach,integrated fiduciary duty,information disclosure,risk control and other legal mechanisms,and the final proposal is to build the system of trust beneficiary from the angle commercial law.Besides the chapter of introduction and conclusion,the dissertation consists of six chapters.The first chapter analyses the core status of the trust beneficiaries.Firstly,the chapter discuses the general concept and legal formation of trust.Secondly,it traces the evolution of trust in equitable system,studies the special contribution of equitable law to trust system,clarifies the certainty principle of trust beneficiary and its development,and finally concludes the core status of trust beneficiary in the trust legal relations.Chapter two discusses the special status of the trust beneficiaries in commercial relations.The chapter firstly traces the development of trust system form civil relations to commercial relations,analyses the root of function transition of trust system,and discusses the specific type of commercial trust.Secondly,based on the indeterminacy situation among business trusts,commercial trusts,business trusts,and other related concepts in legal academia,the chapter clarifies the related concepts of trust in commercial relations.,this chapter researches the transfer of investor status of trust in commercial relations,discusses the weak status of trust beneficiaries in trust relations.Finally,the chapter elaborates the general rights and obligations of trust beneficiaries,analysis the extraordinary nature of rights and obligations of trust beneficiaries,points out the character of the lack of investor protection in China trust industry and a ultimately come to the conclusion of passive beneficiary of the trust beneficiaries.Chapter three studies the basic theory of beneficiary protection.The chapter firstly researches the legal essence of equity mechanism of the modern trust law,and divides the protection methods of trust beneficiaries into direct and indirect approach.Secondly,the chapter makes comparative study of norms of trust beneficiaries among other countries.Finally,the chapter points out trust factor in trust relations,and divide the obligation of trustee into obligations duty and loyalty obligation.Chapter four focuses on concretethe of Beneficiary's protection of the trust in the commercial practice.This chapter selects the perspective of trustee for the trust company and securities investment fund management companies,probing the problem of concretethe of Beneficiary's protection of the trust in the commercial practice.Firstly,it discusses the problems faced by trust beneficiaries as a trust company,concludes that the trust contract is the fundamental document of protection of trust beneficiaries,and discuses the corporate structure of trast company.Secondly,it studies the problems faced by trust beneficiaries as a security investment fund management company,clarifies the trust nature of security investment fund,studies the protection of trust beneficiaries in the operation of a security investment fund management company form the angles of management fees received from the fund,"Rat" issue,and oversight mechanisms of a security investment fund managementcompany.Chapter five studies the risk control mechanism of trust beneficiaries in commercial operations.The chapter first analyses the commercial risks faced by trust beneficiaries,and points out the ultimate risk bearer is trust beneficiaries.Secondly states the jurisprudential foundations of information disclosure in trust operation,and discusses the information disclosure system centered on the protection of investor right to information.Finally,it researches the risk control of trust beneficiary form the angle of bankruptcy remote,points out the foundation of bankruptcy remote is the independence of trust property,analyses the effects of bankruptcy remote system towards trust beneficiaries,and elaborates the operation of SPT bankruptcy remote legal mechanisms.In the Chapter six,the construction of protection system of trust beneficiary in commercial law is the topic.The chapter firstly studies the construction of trust industry regulatory system,concludes the multielement structures of regulatory system in China,analyses the current situations and problems Chinese dynamics regulatory system of trust industry,and the significance of foreign regulatory systems to China.Secondly,it discusses rights relief mechanism of trust beneficiary in commercial relations,and reviews the beneficial relief model in Chinese practices.Finally,the dissertation puts forward the suggestions on promoting protection mechanisms of trust beneficiary in commercial relations,and figures out the countermeasure of constructing a complete trust public registry system and the distribution platform of rights for trust beneficiary.