Study Of State-owned Assets Supervision Of The Trust The Legal System

In order to enhance the efficiency of state-owned property operation and to minimize administrative interference, our country has been questing for better and efficient solution for state-owned property operation. For trust has its unique system, it offers us a feasible option for state-owned property operation, which has theoretical and practical significance.Under the definition of state-owned property and other relevant fundamental elements, this paper begins with explanation of basic issues such as the definition of trust upon state-owned property, which play leading role of trust upon state-owned property regulation legal system. In existing regulation legal system, the existing trust upon state-owned property regulation legal system consists of state-owned property regulation legal system, trust business regulation legal system and trust interior regulation system. For each system has its own attribute and objective, the trust upon state-owned property regulation legal system is in a state of duplication and absence. With the purpose of establishing a focused regulation legal system of trust upon state-owned property, this paper probes into the trust mechanism upon state-owned property, integrates the creative provision of trust law of China and analyzes how trust law influences the regulation function of trust upon state-owned property. It is indicated that, for trust settlor of state-owned property is state-owned property supervision and administration authority, administrative regulation system and contractual regulation system duplicate in form of subject duplication and objective duplication. It is considered that, the duplication is induced by the penetration of public supervision power into private regulation right. After compared with civil contract, economic contract as well as administrative contract, state-owned property trust contract is defined as administrative contract. This paper focuses on the attribute of administrative contract, and indicates that state-owned property trust contract is the sticking point of integration of public power and private right. In conclusion, envision and forecast are put forward to establish a new trust upon state-owned property regulation legal system.