Shoji Trust The Legal System Of The Risk Isolation Of

This paper mainly studies the risk isolation of commercial trust with the methods of comparative analysis and empirical analysis. Beginning with the basic theory of the trust, this paper will introduce the general legal theory of trust, then deeply expound the trust system, and reveal the origin of the risk isolation function of commercial trust, and finally explore the security mechanism on this basis. Please attention that, commercial trust referred in the thesis is defined as a mixture of commercial business in the Anglo-American law system and the business trust, so it is different from the traditional theory of paid commercial trust, either it is not limited by the commercial trust in our country.The first chapter will introduce general principles of the trust system and the risk of commercial trust. First I show the concept of trust, then expound "double ownership" in the common law and beneficiary of civil law system, then describe the development of trust system in two main legal systems, and reveal the essence of the concept is separation of legal ownership and equitable ownership. Secondly, I introduce the general principles of the commercial trust. With learning of the case "Dairy Trust Plans of Jinxin Trust ", I will introduce several risks of the commercial trust, and sources of the risks, which will be the background for the next text.The second chapter will mainly state the legal basic system of the risk isolation function. As far as I'm concerned, it depends on two system arrangement, that is, rights and interests separation mechanism and the independence of trust property. The former is the essence, and I will analyze it from two aspects:double ownership and trust property. Based on this, I will illustrate the independence of the trust property, which is the critical foundation of the trust risk isolation system. However, only trust system of their own design can't complete risk isolation task, therefore, in the next I will introduce into the security mechanism based on the theory of this chapter.The third chapter is the key chapter. I mainly analyze the security mechanism of risk isolation function. On the one hand, it depends on the balance system of trust legal relationship, that is, the faith obligation of the trustee and the balance system among trustor, trustee and beneficiary; On the other hand, it also demand external arrangement-trust registration system, and supervision mechanism in trust industry guarantees the realization of the function as well. With spirits of the trustee's right balance and beneficiary's right protection, I focus on some adaptable system arrangement in order to avoid and prevent the trust risk. Finally, I will summarize the whole article, describe the development of the commercial trust, and then put forward the new challenge of the trust risk isolation. I wish I could continue to the more thorough research and analysis in order to approach the essence of the risk isolation to the largest extent and build our trust system better and better.