Research On The Legal Issues Of The Real Estate Trust In China

Real Estate Investment Trust is one part of the Financial Trust, which is a new modelfor financing real estate development projects by the trust. However, due to ourtraditional areas of research on trust less, the lack of legal real estate trust to support, anda large number of real estate investment trust company only make a series of contentprovision by autonomous. This has led to a wide range of state in the China’s Real EstateTrust Management. It is essential for the development of the area in China.This article describes the Real Estate Legal issues trust through four parts. The firstpart is the basic situation of the real estate trust, including the advantages relative to otherreal estate financing, the basic constituent elements, the parties, and the operation of realestate trust and mode of operation. Through its brief introduction to the basic situation,not only come to the need to improve the real estate trust, but also find a breakthroughpoint to improve China’s Real Estate Trust legislation.The second part makes a brief introduce of the United States and Japan, and makes aassessment of their system. Through the U.S. REITs, internal risk control system, theJapanese Land Trust and the description, we can see that China’s Real Estate Trusts andthe gap between advanced countries; through its system of analysis, you can clear thelegal system of China’s Real Estate Trust direction of development.The third part is the status quo of China’s Real Estate Trust and legislative defectintroduction. Now the real estate development companies raise funds by Real EstateDevelopment Projects, based primarily on the "one law two rules." The field of realestate trust beneficiary of the risk control and protection of legal rights and interests ofthe provisions of the lack of relevant provisions, which is China’s legislation in the future,will continue to improve.The fourth part is base on the second and third part of the article. We learn from theadvanced experience to improve our laws. This article is based on the risk control andlegal rights of the beneficiaries to improve the laws of our country.