The Research On Legal Issues Of The Trust Finance

Since 2006, Chinses capital market has been booming and thriving rapidly. At the same time, The general public have got more and more financial assets. In the past several years, the financial planning portfolios have been prevailing among the financial institutions, such as securities corporations, trust corporations and commercial banks. All kinds of the financial plannings have the commom ground, that is the trust. The trust is an old property administration method from the Common Law system, and is developing into an important part of modern financial industries all over the world. In China, the primary function of trust is personal wealth management and financing, and the basic meaning of trust is that one is trusted and entitled to administrate given assets offered by other people for the benefit of the beneficiaries. The author takes trust finance as the general concept of all kinds of financial plannings. Beginning with the study on the connotation and extention of trust finance, the purpose of this paper is to conclude the legal characters of the financial plannings, and to do a elementary research on the theories and rules of trust finance. It also has a particular exploration of the issues about the current financial planning markets, especially about the trust financial planning with security for the capital.This paper is composed of three parts. The first part includes the Introduction and the Chapter 1, which is about the background, object and scope of the research. The second part includes the Chapter 2,3,4 and Chapter 5. Thereinto, the Chapter 2,3,4 primarily concern the basic theories and general rules of trust finance, and the Chapter 5 mainly deals with the specific problems in practice. The third part includes Chapter 6, which aims at the improvement of the Trust Finance Market Regulation. The purpose of the study is not only to open out the legal natures of financial plannings, but also to coordinate the Trust Law with the Statutes of financial industries.The research on trusts and financial plannings is a new task in the field of China trust law, which is involved in multi-branch of the Law System, mostly with the Civil Law, the Trust Law and the Economic Law. Besides the basic theories of trust, this paper refers to some principles of the Civil Law, Property Law, Contract Law, Corporation Law and the special legislation of financial industries.