Research On The Protection Mechanism Of Collective Fund Trust Benefit

Trust is an ancient system which originates from Britain. It is recognized as the biggestachievement in the field of the law in the world. As a kind of property management system, trusthas developed for30years in China, the management of the property scale has more than onehundred and thousand billion at the end of2013, which has become an important pillar in Chinesefinancial industry. Behind the prosperity and development, the corresponding system is not yetperfect, and some problems have been seen. The essence of the trust industry is " entrusted by thepeople, wealth generation, to fulfill the interest of people." the beneficiary, the trust capitals setinvolves, if their rights and interests are not protected, not only against the original intention of theestablishment of the trust sector, but also is detrimental to the development of the trust sector, evenmay lead to mass incidents, which would have a negative impact on society harmony and stabilityin our country. This article from the concept of collective capital trust, the attribute andcharacteristic of the systematic analysis, made a detailed study of the legal rights and interests ofthe legal status of the trust capitals which set of beneficiaries, with reference to the experiencesfrom Anglo-American law system and Japan as the representative of the continental law system,expounding that should be taken to protect measures of beneficiary right to improve the law oftrust industry in our country, the development of better protection of interests of beneficiaries andservice trust industry.The text is divided into four chapters:The first chapter "basic theory of collective capital trust", which is on the basic theory ofcollective capital trust was presented, including the collection of capitals trust concept, collectivecapital trust property, trust capitals set feature, which is the targeted recommendations theoreticalbasis.The second chapter “the beneficiary of collective capital trust” concretely introduces thebeneficiary, its concept and the legal status, according to trust business model of the collectivecapital, points out that the beneficiary in a weak position, and the nature and contents of the rightto benefit analyses.The third chapter "problems of collective capital trust in our country" mainly explains theexisting problems in trust capitals set of our country, point out the problems the correspondingsystem from legislation, trust in the plan and other relief.The fourth chapter "the suggestions to improve and perfect collective trust beneficiaryprotection mechanism of our country” mainly aims at the summarized problems which are in thelegislation, supervision and relief, to improve collective trust beneficiary protection mechanism.