Study On Trust Registration System

With the development of the economy. Trust Fund is widely spread in the contemporary society, which becomes one of four great financial industries together with the Banks, securities and insurances, and plays an increasingly important role in the financial system. Nevertheless, there is a serious lack of the relative laws that supports the development of the trust industry. The registration system of the trust fund, for instance, is one of the important laws. Starting from the concept of the trust registration, this dissertation concentrates on the comprehensive analysis of its basic theory and its legislation value by adopting the value distinguishing method and the comparative analysis, for revealing the status quo and the problems of the trust fund legislation in China, and moreover, this dissertation introduces some specific measures to perfect our trust fund registration system by means of comparing with different registration systems in other countries and learning from them.The dissertation can be divided into three parts, namely introduction, main body and conclusion, which involves six chapters.The first chapter briefly describes the basic situation of the trust fund registration in China and further introduces the case of misappropriating the trust fund in the Jinxin dairy trust program to demonstrate the importance of the trust registration system.The second chapter concentrates on the analysis of the basic theory of the trust fund registration system. At first, it illustrates on the evolution history of the trust fund registration system. And then, it analyzes the theoretical basis of the trust fund registration system in terms of the principle on the publicity of property rights, the independence of the trust fund property and the limited liability of the trust fund, for giving an expression on the trust fund registration system and providing the theory support for improving the trust fund registration system. In the end of this chapter, it discusses the legislation value of the trust registration system in terms of security, order, effectiveness and equity. The third chapter analyzes the situation and the main problems of the trust fund registration system in China. In addition, the current legislation situation of the trust fund in China will be explained completely, which is primarily reflected in the lack of the related laws, the low efficiency in management, the incomplete laws on the operation procedures of the trust fund, and furthermore the problems of the trust fund registration system in China concerning the choice of the trust fund registration effectiveness, and the uncertainty in the principal part of the trust fund registration and its content. By and large, all these analysis contribute to the clear understanding of the importance of establishing and completing the trust fund registration system.The comparison of the trust fund registration system with regard to the overseas trust registration systems is conducted in the fourth chapter. Firstly, it introduces the trust fund registration systems in the common law countries, concentrating on the Torrance registration system with UK’s property and the marked registration system within US. Then, the trust fund registration system in the civil law system represented by Japan is analyzed. What followed is the comparison and analysis of the trust registration systems in the two legal systems. By studying the systems in other countries, the shortcomings of the system in our country could be revealed and the trust registration system would be further completed in China.On the basis of former analysis, the fifth chapter puts forward some specific measures to improve the trust fund registration system in China in terms of the criterion of the laws, the re-choice in the efficiency of trust fund registration, the definition of the registration purpose, the configuration of the trust registration department, the confirmation of the trust registration appliers and the enrichment of the registration content, and so on.The sixth chapter gives a summary of this dissertation and emphasizes the importance and urgency on positioning and completing the trust fund registration system.