The Research On The Relevant Legal Problems Of The Stockholder's Rights Trust In China

The shareholder's rights trust as one kind of trust, its legal basis originates from the Anglo-American law's relative system design about the trust. The countries introduce the stockholder's rights trust system in the later generation. Regardless of the USA, or the civil law of Japan and South Korea, although are Combined with local conditions and the legal culture to a certain extent, all take inherits the trust the fundamental law idea as the premise. This article embarks from the basic principles of trust law, and has carried out systematic analysis and the elaboration to the stockholder's rights trust in the way of comparative study, case research and so on.This dissertation is made up of three parts: preface, text and conclusion. And five chapters are included in the main text. The first chapter is the stockholder's rights trust outline. This section mainly embarks from the stockholder's rights trust's basic concept, introduces the classification and characteristics of the stockholder's rights trust briefly, thus, reveals the legal nature of the stockholder's rights trust, namely the stockholder's rights trust is not only one kind of trust, but also the realization of centralized corporate control and management approach. The second chapter briefly describes the basic legal relationship of the stockholder's rights trust. In this section, firstly, analyses the legitimacy of the purposes of the stockholder's rights trust; secondly, whether the stockholder's rights could become the trust property and trust stockholder's rights independence are discussed on; finally, analysis the stockholder's rights trust parties'qualifications and the stockholder's rights trust parties'rights and obligations. The third chapter has carried out the analysis to the stockholder's rights trust's legal characteristic. This section by comparing the similarities and differences of the stockholder's rights trust with the voting trust agent, the stockholder's rights commission, the anonymous shareholder, the voting proxy, then reveals the stockholder's rights trust management, investment and financing function. The fourth chapter mainly describes the stockholder's rights trust's establishment, change, termination and invalid. This section starts from the stockholder's rights trust's establishment and effect, makes in-depth analysis on the stockholder's rights trust's purpose, the consigner, trustee and beneficiary, the changes of the content, as well as the stockholder's rights trust's termination, the invalid reasons and the legal consequences. The fifth chapter analyses the stockholder's rights trust's several special legal problems and improvement. In view of the special legal matters of the stockholder's rights trust registration system's flaw, stockholder's rights trust information disclosure system's insufficiency as well as stockholder's rights trust tax revenue and so on, proposes the perfect countermeasures and the suggestions, while, carries out the legal risk the monitoring from different angles such as: the stockholder's rights management trust, the stockholder's rights investment trust as well as the stockholder's rights trust fund's withdrawal mechanism and so on.