State-owned Assets Trust And Construction Of Its Legal System

Abstract:Trust originated in the Middle Ages in England, it experienced several centuries'development due to its unique design of legal system for the trust property, and it was transplanted and utilized by continental-law countries, and it increasingly becomes one international system of property management. The trust industry in our country has already been screened and rectified for 5 times, after that it presents good development trend, and its mainstay effect is appeared in financial industry day by day.Since 30 years of reform and opening up, China has not only solved the problem of adequate food and clothing but also edged into the line of world economic giant. Compared with other big countries, our nation has its own economic personality of Chinese economy, that is China is the country which the amount of state-owned assets and proportion of state-owned economy is maximum among the world's largest economy countries. It puts much energy for all levels of government in our country, state-owned enterprise and theory circle to manage and run state-owned assets. Though state-owned assets operation and management obtained various breakthroughs through theory and practice, actually the problem of loss of state-owned assets and low efficiency has not been solved. The proposal of state-owned assets trust is the beneficial attempt for solving such problem. It is the important choice to achieve reform of state-owned economy, If Utilizing means of trust to run state-owned assets, and it is feasible in theory and practice. State-owned assets trust can effectively keep away loss of state-owned assets, and it is of far-reaching and positive significance to perform leading role of Chinese state-owned economy. Therefore, rationally constructing investigation of legal system of state-owned assets trust is of not only theoretical significance but also great practice significance.This paper consists of preamble, the body of the text and the conclusion, thereinto the body is divided into 3 chapters. The first part of the body firstly defines the basic conception, characteristic and classification of state-owned assets trust. Through the study and compare of trust system, the development of trust industry in England, USA, and Japan is studied and analysed, and also the development process and legislative authority of our country's trust industry is simply organized. The second part analyses and coordinates management status of our country's state-owned assets, and demonstrates the necessity and feasibility which use trust style to manage and run state-owned assets according to it. The third part based on the relative legal issues of state-owned assets trust, proposes a bold visualization for our country's legal system of state-owned assets trust and establishes qualification censorship of client of state-owned assets trust, selecting system of trustees, contract register system and supervision system, meantime my own opinion and suggestion is put forward for strengthening the legal construction of our country's state-owned assets trust.