Research Trust The Legal System Of State-owned Assets And Commercial Matters

The foundation of central and local State-owned Supervision and Administration Commission of The State Council (SASAC)have been the beginning of reformation to the system of state-owned assets (SOA) supervision and management. It also confirms to the system of SOA management with three levels. Though SASAC perform as the owner of SOA and exert the ownership, the legal relation between SASAC and SOA operating organizations is still vague and it is necessary to introduce new legal tools in this area. For this purpose, this thesis pays attention to and analyses the Commercial Trust between SASAC and SOA operating organizations (CTSS) according to the structure:Chapter 1 firstly analyzed the legal position of SASAC and SOA operating organizations, confirmed the owner of SOA and the character of SOA operating organizations as legal person. From analyzing the legal relation between SASAC and SOA operating organizations, the author got the conclusion that there are many defects in current SOA management, so introducing CTSS will be a way to solve the problem.Chapter 2 discussed the evolution of trust and the basic theory of commercial trust. Based on this, the author founded that many legal characters of commercial trust represents consistency with SOA management. CTSS's special arrangement can not only maintain the value of SOA, but also eliminate the interference of SASAC.Chapter 3 analyzed the internal and external legal relation of CTSS in terms of the trust law in America, England and China. During the discussion, the author raised some proposals to perfect China's trust law according to American's trust law.Based on foregoing analysis, Chapter 4 probed into the application of CTSS. Through the comparison of Commercial Trust and Corporation, the author concluded different ranges of application for the reference to SASAC. After this, the author used the theory in this thesis to analysis practices of CTSS. At last, the author established a system of external supervision to ensure the CTSS operates safely and effectively.The major points of view of this thesis are the application of Commercial Trust to establish the legal relation between SASAC and SOA operating organizations. With the CTSS, we can resolve the problems in SOA management. Considering some defects may exist in SOA operating organizations as trustees, the CTSS can choose Trust and Investment Corporations to be trustees.