Theory Of Equity Trust

Trust system originated in medieval England, was quoted in other ountries. The most notable features of trust system were independence of trust property and not having pursuit from the principal and the agent's creditors. Trust ystem had a high degree of flexibility and widely applicable scope, could satisfy the different needs of different groups. Because of the trust system itself had this exuberant vitality, it rapidly permeated every field of social life. In the mid-twentieth century equity trust system was born in the United States, it added new vitality for the governance structure of a company, also adapted to the needs of the development of the modern society and economy. The high trust of the client on the trustee was the basis of trust relationship , and it was the trustee's trust, cautious and fulfilling their duties for client that made equity trust can operate smoothly and effectively.Equity trust across Company law and Trust law. Through thoroughly analyzing,it will has the profound theoretical and realistic significance for the perfection and development of Company law and Trust law : (1),through reseaching the concept and connotation of trust, we will widen the trust system in real life application scope; (2),we will further clarify the rights and duties of the parties in the trust and make it legal and effectively; (3), through further analyzing the establishment and effective of trust, we will make it more consistent with the legal concept and trust purpose; (4), equity trust is a new way for shareholder exercising its shareholders' rights, this research can enrich the content of shareholders' rights; (5), equity trust is a kind of challenge for traditional theory of Company law, it can further develop corporate governance theory; (6), through reseaching various equity trust to reality, we will make these behaviors effective operating within the law.Equity trust belongs to a kind of exotic, in Anglo-American law it has been relatively perfectively developed. Due to the differences in the traditional culture and economic development mode between China and western countries, I try to combine the more perfect equity trust theory in Anglo-American law and China's economic reality in this study, find out the organic combination of both multi-through-transport, go on a Chinese equity trust path. This study will adopt empirical analysis, comparative analysis of law and economics, historical analysis, launched research analysis methods. In order to promote the healthy development of the equity trust in our country ,I will try my best to find the solution. Relative to the countries of Anglo-American law system, development of the trust industry in China is still relatively short, trust regulations and the relevant supporting systems are not perfect, so many problems still exist in equity trust practice. For severity shortage in public of equity trust registration system ,we must change the legislation idea, we will make transformation from registration effect to registration against, broaden the equity trust public path, and further clear the subject of registration in law; For the lack of effective control of equity trust in our current tax system, we should improve legislation, clear tax subject, determine tax links and avoid double taxation; For not perfection in equity trust information, we should coordinate the conflict problem between trust law and the securities law and other laws, protect commercial secrets of the parties concerned and other lawful rights and build strict accountability system on the legislation to solve the information asymmetry between the parties of equity trust...