Astudy On The Legal System Of Reits In China

As a new investment trust tool,REITs is growing worldwide. The USA, Australia, Europe, the Netherlands, Belgium, France, Britain, Germany, Spain , Japan, Singapore, Korea, China, Hong Kong , Taiwan and other countries or regions are established the REITs system with their national and regional characteristics. Mainland China has not disrupted on the practice of development and legislation of REITs. Especially, from 2008 mainland China has been speeding up the legislative process for the REITs so far two years.Combing with the economics and management of related theory, the paper will study on the legal system of China's real estate investment trust fund, applying research methods of history analysis, comparative analysis, empirical analysis and appropriate economic and quantitative analysis, from a legal perspective. It will divide into six parts. The first chapter will introduce the background, significance, study abroad overview, the research method and innovation issues of the REITs. The second chapter describes the real estate investment trusts the basic theory. The existing research is lack of the theoretical analysis of the appellation of RE1Ts, with directly looking upon real estate investment trust real estate investment trust RE1Ts as the corresponding words of RE1Ts. The author will identify real estate investment trust as the corresponding words of RE1Ts, with giving a more in-depth theatrical analysis, and then introduce legal characteristics and differences and advantages of the RE1Ts comparing with the related concepts. Chapter three will further introduce legislation of the real estate investment trust fund and the necessity of establishment of real estate investment trust fund in China. Chapter four introduced specific provisions and the legislation profiles of the United States, Europe and Asia REITs, which provides international reference on the establishment of a real estate investment trust fund. To some extent,the introduction and analysis on general legislative situation of the European REITs compensates some deficiencies on the domestic legislation of the European REITs. Chapter five took out the legal obstacles in the development of real estate investment trust fund in China,then deduce how to perfect the existing legal obstacles. Chapter six make clear the real estate investment trust-related market and laws and regulations in China, and use international law relating to the REITs for reference to built legal system of real estate investment trust fund in China.