| The real estate industry is one of our national economic props, with the reform and opening policy our national economy has been growing fast as well as the national housing commercialization advancement, the real estate industry will continues to grow higher in the future. But what restricts the development of the real estate industry is the unitary financing channel, up to now the real estate corporations rely on the bank loan seriously. The developer and the construction business as well as the terminal buyer's are all closely linked with the banking mortgage system. Therefore the credit risk excessively agglomerates in the banking system, once the housing market and the capital market encountered with crisis it may endanger the whole country's economic security. REITs, stands as the innovative finance tool in the real estate field, is considered as the most advanced productive forces representative of real estate industry, our country introduces REITs is imperative, however if we wants to enable its operation smoothly, we had better pay attention to the REITs investor right protection.But, REITs to us is almost a new thing, the domestic scholars' learning to it mostly pauses on the discussion to the overseas' overall system introduction, as well as in what barriers our introduction to the REITs mechanism, or our own future localization for REITs development and so on, however there is rarely special study on the REITs investors' right protection. This article bases under the study of overseas' different REITs organizations' investor right protection comparative analysis, it is also connected presently to our country assurance of oversight of the real estate investment trust investor right protection, expected will be able to provide the intravenous drip reference for the future our country REITs legislation.But from the introduction this article portal frame construction roughly divides into four parts:Part one:Real estate investment trusts investor right protection outline. Mainly introduced the related REITs investor's basic theory, then attempts from the economic and the jurisprudence two aspects inquires into the real estate investment trusts investor right protection the theory basis. This chapter mainly includes:1,real estate investment trusts investor's connotation limits;2,real estate investment trusts investor right protections the theory basisPart two:Introduced the present our country real estate investment trusts investor right protection present situation, has emphatically explained our country real estate investment trusts investment mold right protection in the legislation as well as the shortcoming and the insufficiency which exists to its investor right protection legal supervising and managing aspect. This chapter mainly includes:1, our country real estate investment trusts investor right protection law present situation; 2, our country real estate investment trusts investor right protection insufficiency.Part three:Through to the overseas real estate investment trusts investor right protected mode comparison model, will future construct the real estate investment trusts investor right protected mode for our country to provide the experience and the enlightenment. This chapter mainly includes:1,overseas contract real estate investment trusts investor right protected mode; 2,overseas company real estate investment trusts investor right protected modes; 3,overseas real estate investment trusts investor right protection experience to our country's enlightenmentPart four:the author thinks that should speed up the legislative perfection of the Chinese real estate investment trust funds and legal supervision, so as to better protect their rights of investors. The chapter main including:1, and perfect real estate investment trust fund investment who rights circulation several rules; 2, and established real estate investment trust fund investors protection fund; 3, and strengthening real estate investment trust fund management people faithful, and note obligations of fulfill; 4, and perfect real estate investment trust fund managed people supervision mechanism; 5, and strictly real estate investment trust fund information disclosure; 6, and strengthening real estate investment trust fund Foundation assets assessment. |
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