The Research Of The Business Subject Statue Of The Business Trust

Business trust is a party for the purpose of profit, through contracts such as the Universal Declaration of Trust to set up a corporation or organization, and in essentially its a commercial organization. It comes from the United States orignally, since the 19th century it began to be established in the form of the Massachusetts Trust, and in the early 20th century it began to spread to Japan, Britain and other countries. Currently, the Business Trust in the world of commercial transactions occupies a very important position. There is a big difference between the Business Trust that used in the article and the Commercial Trust which used by the other scholar.Commercial Trust has a border conent, encompass all the commercial activities that be used in the form of the Trust,However,the Business Trust means an organization of voluntary between people by the form of the Trust,essentially,the Business Trust is a commercial corporation.In the system of the Business Trust, the business subject statue of the Business Trust is the hardest problem.There will make a great significance in both theory and practice area by giving the business subject statue to the business trust. In the view of the business trust of their own characteristics, business trust is a voluntary association of commercial organizations essentially.Their commercial and the beneficial right of the divisibility and the management of the externalities are consistent with the law of commercial subject feature requirements, these characteristics determine business trust has the natural business subject status. In the view of the Business Trust being used in practice, business trust has lots of advantages which the company incomparable, if the law can give its business subject status, it can make a great complementary in the commercial law system and company law, which will makes better services in the social and economic. In the view of the legislative and judicial practice, the business in China is without the protection of the law, and gives the business subject statue to the business trust make the best ues of the Trust system. Currently,there is only U.S.A.gives the business trust the independent legal personality status as the same as company.In our future legislation, giving the Business Trust independent business subject statue is the inevitable trend of the future.