The Research On Legislation Coordination In Domestic Financial Industry Trust Market

Trust is a kind of system in English equity which manages the property on behalf of others'benefit. Because of its unique structure on the separation of ownership from interest, the operation of the trust is of great flexible and of great social function ,so it has been applied widely in commercial field, from the design of the assets conversion or business operation and Commercial operations, the functions of trust has increasingly important in our Economic life. But in the civil law, because as keep of the absolute ownership principles, trust can't relate to that concept, so caused obstacles civil countries taking in trust system .In china, with the development of market economy, it is necessary to authorized professional organization to manage the property ,trust has been Introduced in our country long before. But the development of the trust can't compare with banks, securities and insurance. the reason mainly Concentrated as follows :In the fist place ,our legislation can't deal with the position of trust, totally Vague the concept of trust and placed the trust system in a civil law stiffly and ignored .secondly our tradition lack of the background and soil about growth of this system. Thus produced cannot handling contradictions.With the promulgation of the trust law of the P.R.C, the legal foundation on development of trust business has been established , furthermore ,the development of the sorts of trust ,such as investment funds in securities ,asset securitization, the insurance product make it possible to expand the business trust , Nevertheless, we should firstly make clear the fundamental theory of the business trust ,so as to provide the theoretical basis for the legislation.