Research On The Legal Problems Of Real Estate Investment Trust In China

Since the "The Eighteen" since, speeding up the development of our country economy reform, slow speed in exchange for political, deep economic reform policy gradually implement, especially the industrial structure and the reform of the financial system is marching to the deep water area. Tightening monetary policy and increasing the national macro-control of the real estate industry, the real estate industry is facing increasingly tight "monetary policy" and the country round like a round of rectification. How to get enough funds to support the priority is placed in front of China’s real estate industry. Therefore, the real estate investment trust, this in the international financial market is more mature and low cost financing mode, will become the ideal choice. Real estate investment trust as a form of financing, originated in the America, is currently the world’s one of the most important means of investment and financing of real estate industry. Today, throughout the world, the real estate investment trust has become one of the standards to measure a country’s real estate industry structure is reasonable, city level is higher or lower, the rise and fall of financial market.Our country begins to pay close attention to real estate investment trusts are not started in recent years, it can be said, describes our real estate investment trust plans from the 2005 or even earlier start. But because the legal departments involved too much, the real estate investment trust once implemented, have a very dramatic impact on the market, the society and even to the national will, coupled with the tightening of macroeconomic policies on the real estate industry in recent years, China’s legal system of real estate investment trusts are not landing, the majority of investors, real estate developers and the academic elite waiting, "looking forward to". In 2010, the CBRC lead trust real estate investment trust plans revised pilot management approach "(Draft)" once let many people exclaimed, "Chinese real estate investment trust has come", but in the end because the issues involved are too complicated, the bill has so far failed to formally promulgated. Thankfully, appearing on the market, some quasi real estate investment trust, but China’s real estate investment trust the primary form and preparation stage, is not the true sense of the real estate investment trust, practitioners anxious produced huge impact on theoretical circles.Based on the above background, this paper attempts to present or will be issued and the law as the clue, intended to be the party’s eighteen big after accelerating industrial and Financial Deepening Reform Commission on opportunity, real estate investment trust from the analysis of the basic concept and the related concept as the foundation, developed countries and area experience support, lack of exploration and study the historical process I in the real estate investment trust and the current laws of our country on the healthy operation of the. Finally, this paper from a legal point of view, in theory, gives the specific suggestions to perfect the law, therefore, China’s real estate investment trust accelerate construction to provide theoretical support.