Legal Study On The Profit State-owned Assets Trust

In general, State-owned assets can be classified into the following categories: the profit, administrative (non-profits) and natural resource State-owned assets. The profit State-owned assets, the major task of which is retaining and adding value, take up a huge proportion of all the State-owned assets and also have strongest vitality. For a long time, because of the natural defect, there are many problems in running the profit State-owned assets, such as lack of the owner of title, unclear line between the functions of the government and enterprises, inefficiency, unsecured and so on. Though our country has been trying different ways in running the profit State-owned assets, the problems are still unsolved. So the exploration of a new operation way is necessary and it is best choice to run the profit State-owned assets in trust. Trust is a great achievement of Anglo-American Legal System. As an institution of transferring and running property, it takes on many valuable characteristics, such as division of proprietorship and proceeds, independency of the trust assets, limited liability, protection of beneficiary and so on, which is useful in settling the problems on State-owned assets.This thesis consists of three parts. The first part introduce basic thesis of the profit State-owned assets trust, going deep into analyzing the advantages of running the profit State-owned assets in trust. The second part has a completely discussion not only on the trustor, trustee and beneficiary of the profit State-owned assets trust and the law relation between them, but also on the operation of the profit State-owned assets trust. The last part pointed out the obstacle preventing the profit State-owned assets trust from developing, then put forward the corresponding solutions.Because of the complexity of this subject, the major research methods adopted in this thesis as follows: the historic research method, the comparative research method and the method of economy. The main contributions of this thesis lie in three aspects: firstly, this thesis provided stronger reasons for the importance and feasibility of the profit State-owned assets trust. Secondly, the thesis makes some particular suggestions on the establishment of the trustor, trustee and beneficiary of the profit State-owned assets trust and the operation types. Thirdly, the thesis sets up a all-around supervision and control system of the profit State-owned assets trust to ensure the safety of State-owned assets.