Research Of Trust Property Public Notice System In China

Since 1979, Chinese trust industry has experienced several large-scale clean-up and rectification, the trust industry is also seeking development during several ups and downs. The establishment of the main trust industry and the return to the origin is gradually being concerned. The CBRC promulgated and in 2007, the implementation of new measures promote the development of trust business to the trust's origin further. The trust property public notice system is to publish the fact that the property has been set up a trust through certain ways, to guarantee the independence of the trust property, and the premise of being adverse to a third party. In the absence of clear explanations and operating guidelines, our trust property public notice system has been missing, not conducive to the establishment of the main trust industry, hindered the establishment of the trust system.This dissertation starts from the analysis the necessity and importance of the establishment and the implementation of the trust property public notice system, from the two points of legal and financial view respectively. Then we compared the trust property public notice system under the common law and the civil law system. Finally, the author tried to constructed the framework of the trust property public notice system, and presented several suggestions.In the part of theoretical analysis, we analyze the necessity of the existing of the trust property public notice system, the choice of the effectiveness pattern and the method of public notice of trust property, based on the law and economics theory, and we use Cardol-Hicks standards to evaluate the efficiency of trust property public notice system.This dissertation expounds the importance and internal driving force of the trust industry's development based on the related financial structure and financial development theory, the we discussed the importance of the system to the trust business and to the development of the trust industry.As the comparative research of the system under the common law and the civil law system, we selected a few representative countries and regions to compare, further, we drew some points to the trust property public notice system. We constructed the trust property public notice system from the effectiveness, scope, main body, matters and procedure of the public notice based on previous studies, and gave some suggestions on such measures as the system's achievement path and the improvement of trust tax system.