Study On The Trend And Countermeasures Of International Trust Legislation

This paper expatiates on the origin and process of international trust investment first of all. Then it talks about what is the difference between international and national trust investment. Independently, it puts forwards a new definition of international trust investment. Moreover, it is showed an analyse on the obstacles to develop the business aimed at status and problems of international trust investment in China. Especially, it illustrates the foreign companies' challenge after China's entering WTO.On the basis of examination of Anglo-American and Civil legal resource, there is a comparison to investigate in details into legislative mode and provisions in some countries such as French, Australia, Germany and Hongkong. At the same tune, it appraises the fruit of the Hague Convention of 1984 on the Law Applicable to and the Recognition of Trusts Concerns. Furthermore, there are more than three contrasts between the Trust Law in Germany and in China concerning admittance to market firstly, trustee's conflict with beneficiary and deal with the third party in Anglo-American .law and proof burden etc.It penetrates into some issues concerning the status and defect of trust law in China. In addition, it makes a comment on three regulations in my own opinions. Also it provides you with possibility of legislation, achievement, influence upon legislation by revisions of three bank laws and relative law to investment fund and so on in China.Significantly, I have made a result as Charter Four i.e., Study on Consummating Legislation of International Trust Investment. There is a preliminary discussion about the possibility of preceding legislation and how to establish and complete the system of legislation in China. Several suggestions are brought forward about supervision mode and some remedies for the defect of legislation including legislative principal part and monitoring and controlling market. The administrative regulation should be involvedsupervision on trust property to resolve the problems about the shortage and vague provisions of register in Trust Law. Finally, this paper brings forward another proposal of administrative regulation named as Regulation on Monitoring MBO in order to provide with a definite permission to MBO. The suggestion also fertilizes another fruits including standards of purchase subject, source and price of purchase capital, perfect exposed way of information and strengthen the power of controlling market as well.