Trust Management Legal Research

Being one of newly-emerging things, trust investment keeps developing along with Chinese economy prosperities and improvement of capital market. However, trust investment is also facing bom pains and grown-up suffering as other newly-emerging things have done. On one hand, the scale of trust investment enlarges sharply due to the dual needs trustee receiving salary and truster reaping profits. On other hand, conflict comes up because Chinese capital market itself is not mature and the quality of participants is not enough. Meanwhile communities of social science and judicial communities lack of deep research and mature experience, as a result reasonable explanations and public-accepted regulation and legal precedents are not exist. To some degree, that becomes one of reasons that accounts for the disorder of trust invest. Thus the aim of this thesis lies in that give proper proposal through analyzing from legal perspective.Except for preface and conclusion, the thesis is composed by four parts: the general induction of trust invest, legal nature analysis of trust invest, the analysis of law and regulation and the issue in practice concerning dealing with conflicts., the proposal of regulating trust invest.The first part is the introduction of trust invest, Indicating the status quo and characteristics. Though the analysis of legal basis, namely large scale, many subjects, lacking necessary supervision, etc, this part draw a conclusion that the main trustee is listed company, the resource of capital is suspected to violate the law, the bottom article prevail and avoiding law is popular. These analysis found the ground for other parts.Legal nature analysis of trust invest is through comparison to other concepts concerned and explains the relation and discrimination between them in order to clear away the misunderstanding. Thus will clarify at present trust invest popularly the misunderstanding which confused with seven concept in one kinds or several kinds. And obtained trust invest is one kind of independent legal relationship conclusion, then has analyzed the legal relationship which the trust invest. This part is one of this article key, therefore expenditure words quite a lot, the primary cause lies in at present regardless of is the academic circles or the judicial practice, the universal existence will entrust to manage finances toward "Law of contract" in the famous contract a set of procedure. The author will entrust through the analysis suggestion to trust invest achievement one kind of independent legal relationship regarding, will entrust to trust invest the contract to regard as one kind of nameless contract, thus will act according to the actual situation to carry on the judgment to the contract both sides rights and obligations.In the legal standard and the judicial practice manages finances the correlation dispute question processing analysis regarding the request is another single layer part The centralism analyzed the department roles and regulations to trust invest the main body limit regarding the request, guarantees a minimum the provision the rationality and valid, the supervising and managing agreement related question. Through the utilization civil law fair theory, proved has guaranteed a minimum the provision the rationality, denied had thought guaranteed a minimum the provision all invalid or all for the viewpoint which might abolish; Elaborated in detail the supervising and managing agreement content and the nature, and thought it in fact is one kind of contract of bailment, is the request manages finances the contract from the contract. Regarding major-domo's responsibility, according to the actual situation, undertakes the violation responsibility in the supervising and managing agreement effective time major-domo, invalid when undertakes concludes a treaty the error responsibility.The proposal of regulating trust invest is based on analysis above mentioned. I believe the advise of legal supervision\company manage construction and trustee institution will be profitable for the newly-emerging trust invest.