Research On The Legal Issues Of Entrusting Finacial Transactions

The case of commissioned financing contract dispute between Hebeiprovincial labor and social security department and Asia securities limitedliability company is typical in the case of commissioned financial disputes. Thepaper leads to entrust financing problems on the basis of this case, and representthem thoroughly. In the following, the paper is divided into four parts:The first part is the analysis of the legal nature of trust management. First,analyse trust management from the respect of "contract law". The subject oflegal relationship of trust investment varies, rights and obligations are complex,the relevant law and policy are overlap or both blank at the same time. Therefore,commissioned financing contract cannot simply incorporated in some namedcontract adjusted them in the same way and it should be analysed according tothe specific content of the contract. Secondly, through the analysis of the court’sattitude in judicial practice, the author thinks, according to the different contentsof the trust management contract,they should be divided into three categories:loan contract dispute, the trust contract dispute and the contract dispute. The second part analyses the subject qualification of thecommissionedfinancing contract. A commissioned financing contract is a special financialcontract, while determining their effectiveness, subject qualification, the contentof the contract, the objection of the contract should be reviewed according to therelated financial administrative rules and regulations and the" general principlesof civil law"," Contract Law". This paper is discussed mainly from the angle ofthe subject qualification of the trustor and trustee, and discussed in tworespects. So long as the investor has the general civil capacity,under the premiseof in line with the provisions of relevant laws and regulations, can entrustfinance. However, there are several special circumstances require focusedreview, such as: the foreign investment institutions invest the trustmanagement,under conditions of not obtaining the correspondingqualification;engaged in money laundering crimes under the banner of trustmanagement; subject qualification of the listed companies and state-ownedenterprises also need to pay more attention to. The trustee’s qualification here isthe focus of the study, the trustee is divided into financial institutions, financial institutions and natural person and were discussed respectively.The third part focus on the analysis of the effectiveness ofMinimum-guarantee clause. Insurance clause has been controversial. The authorthinks, no matter analyses from the legal principle theory of law, or inspectfrom the financial management practice, the effectiveness of insurance clauseshould be recognize within limitation. Because the minimum guarantee clauseis the result of the autonomy of private law, the inevitable demand of theprinciple of honesty and credit,and the internal demand of the market economyrule. At the same time, the minimum guarantee clause is not unfair or violatesthe mandatory provisions of the relevant laws or administrative regulations.The fourth part is about the conclusion. To make an overall evaluationl ofthe first, second trial and retrial based on the analysis of the case in detail. Thensummary the results, and put forward his suggestions on the related system,with a view to help China’s trust management develop better.