A Further Study On The Legal Problems Of Equity Trust In China

Trust has been widely applied from the beginning, because of its high degree of flexibility and diversity of features. Equity, as a product of modern enterprise system and capital market, has become an important carrier of the wealth, and naturally become a new type of trust property. Equity trust in our country started late, at present mainly concentrated in the commercial field, however, as the trust concept further popularization in our country, equity trust will appear in the civil field. However, many functions of equity trust in practice can’t get to play, due to the regulation of our country for equity trust is not perfect. Based on the interpretation of the concept and characteristics of equity trust, introduction to the basic legal relationship in civil trust and the role of equity trust in the field of civil and commercial matters, finally puts forward Suggestions of perfecting our country’s system of equity trust related.Full-text consists of preface, text and conclusion. The text includes four chapters.The first chapter studies the origin and development of the equity trust, expounds the concept and characteristics of equity trust. This part mainly concludes the concept of equity trust through explaining the concept of trust and equity, and concludes four characteristics of equity trust through comparing the different of equity trust with other property trust. It also studies the origin and development of equity trust in British and American.The second chapter discusses the basic legal relationship of the equity trust. This part deconstructs the basic legal relationship of equity trust from such seven aspects as the trustor, the trustee, the beneficiary, the will of trust, the trust property, the legitimate purpose of trust and the effective delivery of trust property. It also explains the rights and obligations of the trustor, trustee and beneficiary.The third chapter analyzes the role of equity trust in the field of civil and commercial matters. This part manifests the value of equity trust system and necessity of perfecting our country’s equity trust related systems through the analysis of the applications of equity trust in the employee stock ownership plan, management of state-owned equity, equity financing, protection of rights and interests of minority shareholders, giving public welfare undertakings, the arrangement of inheritance.The fourth chapter puts forward the Suggestions of perfecting our country’s related systems of equity trust. This part puts forward to increase a declaration form to establish a trust, distinguish between the original trust property and the trust benefit, restrict the rights of the client, expanding the beneficiary and the rights of the trustee, clarify the effect of testamentary trust time, increase the responsibility of trustee and to perfect the public registration, tax and other supporting legal system.