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Research On Market Regulation Of China Trust Industry

Posted on:2010-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:J L ZhangFull Text:PDF
GTID:2189360278473551Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Trust,banking,securities and insurance are known as the four pillars of the financial industry. Trust's meaning is "Entrusted by the people, Generation of financial management". Trust will improve the efficiency of the use of community assets, spread the risk of the banking sector and promote healthy competition in the financial sector. But Trust has high-risk characteristics, and easily leads to the entire socio-economic instability. At this time Civil and Commercial Law has been unable to adapt the changes of the social relations.Economic law is essential to the stability and development of the trust industry. In order to maintain economic stability and the development of the trust industry, the country had to attach great importance to the regulation of trust market. In such circumstances, the regulation law of trust industry has been formed. The Trust market has been adjusted by both of the Economic Law and the Civil and Commercial Law .The nature of Economic law is market mechanism-based, community-based public interest, and its first value is to pursuit the efficiency. Economic law provides norms of state's intervention in the trust industry.The nature of Civil and Commercial Law is to pursuit personal interests, and its first value is freedom and equality. Civil and Commercial Law provide norms of activities between the parties in civil and commercial matters.The focus of this paper is first to analyze the main problems of the trust industry in China, and then learn advanced experience from the developed countries. Finally, explore ways to improve China Trust Industry.The full text is divided into five sections.The First Chapter is about the theoretical basis of the Regulation of Trust Industry. First of all, To provide theoretical support of the Regulation in Trust Market from the perspective of Economic theory. And then from legal perspective to argue that the Economic law is necessary to the Trust market. This chapter is the theoretical basis for this paper.The Second Chapter is about the formation and main issues of the regulation of Trust Industry. And the issues Concern about market access regulation,operating regulation,disclosure of information,supervision of trust industry,deficiency of law,unfair competition. Found the problem is the premise of solving the problem.The third chapter is about the developed countries' experience about the Regulation of Trust Industry. England,America and Japan have advanced experience of Trust Market Regulation. Our country should learn the advanced experience of regulation from the developed countries, on analysis of advanced experience of the Trust Market Regulation.The fourth chapter is about the Methods of Perfecting the Regulation of our Trust Industry. According to China's market real status of the Trust, China should put forward proper ways to promote the development of trust industry. This chapter is the innovative part of this paper.The fifth chapter is the concluding part of this paper. The development of the trust industry need The Economic law. With the Economic law, our trust industry will have a good development process.
Keywords/Search Tags:Trust Industry, Economic law, Regulation of the market, Failure of the Market, Incomplete legal, Methods
PDF Full Text Request
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