Commissioned The Financial Management Of Certain Legal Issues

Both the variety of investment instruments and the quantity and scale of investors grow rapidly in the past two decades in financial market in our country. Entrusting Financial Transaction is a typical one that symbolizes the emerging of investment instruments, wide involvement of investors and ever large investing scale. It drives the financial market crazy and mercilessly puts passionate investors into capital dilemma. Entrusting Financial Transaction prevails and has widespread influences, but relevant regulating rules and laws are rather limited. With the increasing of this type of business, relevant legitimate disputes arise. The legislation is far behind the business transaction and this situation has drawn much attention from the experts and the Legislators. This paper analyzes and discusses several main and hard problems deriving from Entrusting Financial Transaction practices.This paper consists of five parts.The first chapter gives a macro description about Entrusting Financial Transaction. Firstly it compared a number of typical definitions for Entrusting Financial Transaction and drew a comprehensive one. Secondly in category it introduced Entrusting Financial Transaction. Then it analyzes the cause for the blossom of Entrusting Financial Transaction and points out the main problem of this system.The second chapter discusses the nature of Entrusting Financial Transaction through analyzing and comparing different ideas in this academic circle. The nature of Entrusting Financial Transaction varies according to the parties thus the law shall give respective guidance.The third chapter discusses the effect of the contract of Entrusting Financial Transaction. Besides the standard of being in effect, this paper analyzes the recognition of the effect of the contract from the angle of the trust and trustee. In particular, it probes into the issue of state owned enterprises, listed corporation and illegal capitals.The fourth chapter states and discussed the existence of the article of guaranteed earnings. It introduces types of articles and analyzes the causes for its existence. As for the effect of the article of guaranteed earnings, the author supports the school of precedence.The fifth part is about the peculiar supervision man in Trusting Financial Transaction. Setting examples about supervision man and supervision agreement, this paper states the recognition standard and measure about supervision articles, the civil responsibility that the supervision man shall burden in breach of the supervision agreement or article.