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Improvement Of Trust And Supervision Mechanism System Architecture Of The Legal Interpretation

Posted on:2006-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:T XiongFull Text:PDF
GTID:2206360152485899Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Trust has high elasticity, flexibility and personalized features. And it canmost embody the principle of the meaning autonomy and freedom ofcontract. Therefore, trust endow assignees with maxim right of managingand using the trust property, while those so called "beneficiaries" areactually in a state which is rather weak and under a tight monitory. Toensure the beneficiaries' rights in the highest extent, and to keep awayand restrict the assignees' improper managements, it is necessary toestablish a supervising mechanism of trust. Generally speaking, thedesign of supervise of trust is mostly represented in two factors as theinternal supervise and external supervise. Internal supervise is constructedon the narrow sense of the trust law basis, and it is the supervisingmechanism which mainly focus on adjusting those rights andresponsibilities among involved parties. And external supervise is thesupervising mechanism which belonged to government and otherpowerful parties and constructed on the basis of the trust law. For theexternal supervising mechanism, numerous scholars has dedicatedabundant of favor and enthusiasm, while the research work of the internaltrust supervising mechanism is far from enough. In one respect, thissituation may result from the absence of the civil trust concept in thehistory of our country, and thus cause the fact that the internal supervisingmechanism cannot sufficiently resolve the burden of the hidden moralrisks of the assignees. And on another respect, it also likelihood to hassome relation with the existence of our country's bureaucracy conceptwhich attach too much emphasis on the longitudinal legislation of verticaltype and overlook the importance of conciliating the conflicts amongcoordinative equal main parties. Indeed, though trust law set severalprotective regulations on assignees, beneficiaries and other trust relationentities, but it actually far from perfect. Therefore, it is necessary to besupervised by the power office. However, due to its strong judicialautonomy color, to lay too much importance on the external supervisesand overlooks the functions of other supervising forces will inevitablyobstruct trust innovation, and reduce the free competition and market rolethat restrains in the aspect of control risk. And to lay too much riskresponsibility, which should be taken by the market, on superintendent isdoomed to cause high supervising cost. Therefore, to construct amulti-aspects internal supervising system for trust system itself, and toestablish a multiple level internal and external of trust supervising systemwhich all those trust relations as: involved parties, government, guild andother agencies participate in extensively, will beneficial for the realizationof the configuration of the trust supervising mechanic systemconfiguration, if they can coordinative develop and interplay. Thesmoothly realization of the trust internal supervise is rely on the strongguarantee of the external supervise; and the consummating of the internalsupervising system is also beneficial for alleviate those pressures forexternal supervise, and reduce the impact of the field of the private lawwhich caused by the public power. Two can not neglect mutual, and canreplenish for each other.This paper is from the researching angle of the native law, to analyze thesystem configuration our nation's trust supervising mechanism, and todiscuss the theoretical and realistic meaning of the trust supervisingmechanism. The author has systematically elaborated the insufficient andperfect train of thought of our country's trust internal and externaldepartment supervisor mechanism in article. The author has not only putforward his own thought for perfecting the trust internal supervisormechanism of our country , but also perfect train of thought for the trustexternal supervise mechanism of our country, which not stick to certainspecific system discuss, and will emphasize the route research of thesystematic configuration of the entire supervising mechanism. Besides,the author has also made his own attempt...
Keywords/Search Tags:trust, internal and external supervise, Native, reinforce/perfect, systematic configuration
PDF Full Text Request
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