Research On The Law Issue Of Entrust Financial Investment

Trust management is our country socialist economic development to a certain stage of production, it is a concept in financial field rather than legal terminology, therefore, the disputes are all over the court judge not the same phenomenon. Many scholars think that the trust management essence is a relationship of trust, in2001China promulgated the "trust law" and the subsequent "Trust Investment Company management approach","Trust Investment Company trust funds business management Interim Measures" for China’s trust industry, to entrust financial dispute resolution provides certain reference, but on the other hand, we should aware of the trust industry started late in China, and from the Anglo-American law system and continental law introduced the trust system is difficult to solve the problem, some key-problems in therefore, qualitative properties will entrust financing for trust relationship lack of appropriate, according to his own understanding of entrust financing market, from the five aspects of entrust financial contract the existing problems and combining the case to solve certain analysis.The first part is the introduction, introduces the topic, status of entrust financing market. The second part first to entrust financing definition, classification, proposed own understanding of entrust financial investment. The third part is defining the nature of entrust financial contract, the author thinks that it is both model of nameless contract trust, borrowing, principal-agent properties, and application of different cases in different. The fourth part of the case presented in the practice of entrust financing risks, including insurance clauses of the contract, supervision, mortgage warehouse clause risks and solution, finally analyze the case. The fifth part based on the analysis of the risks on commissioned financing contract, put forward measures of improving a commissioned financing contract and the solutions.The future is a large collection of assets of the times, entrust financing is a common phenomenon, because of entrust financial disputes will also rise, before the big assets set age did not come, the author tries to summary analysis will have problems, with the hope for the future possible risks to give certain precautions.