Study Of The Legal Subject Status Of Trust-type Investment Funds

Investment funds are playing an increasingly important role in the field of financial investment, and China adopted the Trust-type Investment Fund, but its legal status is unclear. The legal status of the Trust-type Investment Fund is the basis of theoretical and legislative issues. An organization that can become the subject of law must meet two conditions:The first, it is an organization that can be entitled to rights and assume obligations. The second, its legal subject status can get the confirmation of the law.We structure fund parties’rights and obligations of cooperating and coordination on the basis of the basic trust principles, and it shows significant nature of organization and independence with its separate property, independent name, independent personality, independent formation and expression of meaning and independently taking responsibility, so the Trust-type Investment Fund can be entitled to independent rights and assume independent obligations, and it is potential legal subject.The legal subject status of the Trust-type Investment Fund has acquired the support and recognition of the legislation in many countries. Through the analysis of our current Civil and Commercial law’s, Civil Procedure law’s and Tax law’s theory and legal system about subjects, it will be found that we can confirm the legal subject status of the Trust-type Investment Fund in our existing legal system, and we can do it by the way of legal interpretation and legislation.In addition, in order to prevent abuse of the Trust-type Investment Fund’s independent legal subject status,"the system of piercing the trust’s veil" should be adopted to deny its subject status in special conditions.