Legal Research On The Supervision Of Trust Investment In Financial Institution

In the sight of supervision, the paper applies the incomplete law theory to make the qualitative analysis of the all kinds of trust investment of financial institutions. Then it proposes some advices on the financial supervision of these new products. The paper comprises a variety of research methods such as comparative analysis, demonstrative analysis, historical analysis and so on.Besides the preface and the concluding remarks, this paper consists of five parts.The preface introduced the origin and meaning of the supervision of trust investment and the reason why the author wrote the thesis and the research purpose of this paper.Chapter 1 is the summery of trust investment. It is necessary to find out the meaning of trust investment to make certain of perfecting the supervision system. Through defining the concept of trust investment, the author concluded that the typical trust investment in Chinese market is a concept of narrow sense. Then it is to define the concept of trust investment of financial institutions. Though the definitions of trust investment of commercial bank, Security Company, fund management company, trust company and insurance company, the author analyses the basis character. At last, this chapter has a category to trust investment of financial institutions.Chapter 2 introduces the present situation of supervision of trust investment of financial institutions in china. Though analyzing the present situation of trust investment of all kinds of financial institutions, this chapter concludes that all these trust investment have the same nature. But the policies of supervision are different and bring great challenge to financial supervision legal system in China. The present separated supervision system results in overlapping or lacking supervision, which brings different standards of supervision and is unfair to the financial institutions. It may increase the venture of financial system. So it is urgently to supervise this financial innovation.Chapter 3 analyses the legal nature of trust investment. At present, the legal relationship of trust investment of financial institutions is unclear. Legal relationship decides the nature of trust investment. Though it is imperative to perfect the supervision legal system, it must analyze the nature firstly. After analyzing the nature of trust investment, the paper concludes that trust investment should fall into the scope of trust and regulated it in trust principle.Chapter 4 analyses the frame of trust investment of financial institutions. The chapter discusses the principles of supervision of rust investment of financial institutions. Facing the integrated businesses, it needs to establish uniform functional regulation system. At last, the chapter proposes to stipulate the interim regulations to manage the trust investment of financial institutions and enhance to enforce the regulations.Chapter 5 proposes advices for the improvement of trust investment of financial institutions. It is to perfect the supervision system of trust investment of financial institutions in detail. The chapter proposes some suggestions to"market admittance","bottom profit clause","information disclosure","venture control"and"the system of quitting of trust investment of financial institutions". At last, it point out that the aim of supervision is not to limit the innovation, but to realize the unification of innovation and supervision and promote the development of trust investment of financial institutions in china.