Shares Trust In China And Facing Legal Problems Resolved

Shares Trust is a new type of company Trust Products which are active in our country in recent years. At present, the shares trust has a comprehensive applications in our country,Such as MBO, ESOP shares trust, voting trust, the state-owned stake in the management of the trust. Shares Trust's advantages in practice, and how to solve the legal existence, how to effectively protect Trust beneficiaries'right, There is no research at the moment. The blank-depth neglected which is I will to study in this article.In this paper, I will study from the Company law and the basic principles of trust law, using the case of equity principles of trust law and practice to analyze and explore. Finally, give some legal advise to standardize practical operation of the Trust shares.First of all, the first chapter of the article introduce the basic concepts and theoretical foundation of equity trusts. Give the shares trust a general description from the macro. Chapter II introduced the investment trusts, financing Trusts ,management Trust ,and The characteristics of them. Chapter III analysis that China's share Trust practice .this part of the article Pointed out that the question existence in the trust practice at this stage. Combining the basic knowledge and the represent cases in the first two chapters, analysis the practic of shares trust in our contry. Some cases were cited,such as" Quanxing Group management to buy financing project," a state-owned enterprises of Shandong ESOP "," Change the shares of Qingdao bear".Analysis the advantages of the MBO, ESOP shares trust, voting trust, the state-owned stake in the management of the trust, And the legal issues exists in application. Which argues the necessary of the trust regulation in our country. Chapter IV response to the specific questions reflect in Chapter III, and give some suggestion of the operation of the Trust .The fifth part Combination of the management system of China's state-owned stake .Analysis the major problem at present and give some advise to protect trust beneficiaries,and improve the registration system of Shares Trust.I hope I can give a clear concept of shares trust and the corresponding legal relations after I finish this article. Standardize the application of trust in the practice. To protect the rights of the trusts client through Improve the legal system . To promote shares trust have a more standardized, effective development in our country.