The Research Of Trust Legal System In The Field Of Real Estate Finance

British legal historian Maitland (F.A.Maitland) said: If someone asked the British in the field of law to obtain the greatest and unique accomplishment was, according to that trust concept. Modern trust system originated in England, because of its unique system feature it quickly spread to other common law countries, and gradually accepted by more and more civil law countries. As civil law and common law has a different perspective in ownership of the property, a relatively uniform definition of trust has not yet formed. Avoidance of legal ownership of property vested in the trust property, but the technical arrangements guaranteed by the independence of the trust property.With the development of society, the trust property transformed from the land of the traditional society into money gradually. On this basis, Trust also from the negative, passive transition of the property manager has the function of financial intermediation, and actively invest in the development of property management and financial intermediaries.Because the real estate industry funds a large scale, long development cycle, traditional bank loans, public equity and debt financing, and mortgage financing, etc. can not meet the needs of real estate development. Based on its long-term investment trust system, raising a large scale, the use of flexible features, trust not only can solve the financing needs of real estate enterprises, but also can solve the risk of the banking system that have accumulated.Learn from foreign experience in real estate development trust products category, the current class of the more mature real estate trust products are: Real Estate Trust, Real Estate Asset Trust, Real Estate Investment Trusts (REITs), real estate investment funds, real estate mortgage loan securitization and real estate program investment trust plans. By examining the meaning, the trust property, the legal relationship between architecture and the Analysis of the relationship of the above products, the author reveals the use of the product features and conditions. In the current legal environment, I bring out the recommendations to promote the development of Trust Finance of Real Estate.