Research On China’s Non-capital Property Trust Legal Issues

Non-capital property trust is based on asset management and investment purposes, the trustor who owned the non-monetary assets or property rights as the trust property transferred to the trustee, the trustee based on the trust documents for the purpose of disposition of the trust property or management of legal behavior for non-capital property trusts run mainly take the mode of operation of the asset securitization. Capital trusts and Non-capital property trust together constitute the overall content of the property trust. With the deepening of China’s market economy development, the accumulation of material wealth of society, our trust market from monetary financing based industry transition to the direction of both financing and asset management business development. In this context, the Non-capital property trust in China is bound to further innovation and development. In this paper, trust the basic legal principle asset securitization theory to analyze and discuss the legal issues of China’s Non-capital property trust, from theory to practice, to sort out the basic content and characteristics of Non-capital property trust, clarify China’s Non-capital property trust laws run environment, resolve the Non-capital property trust run process and related legal issues raised in a Non-capital property trust under the dual ownership structure, and then make recommendations for the development of China’s Non-capital property trusts, to play a positive role in the development of Non-capital property trust.This paper is divided into four parts; the main contents are as follows:The first part is the definition of the basic laws of a Non-capital property trust. This section describes the basic connotation and classification of Non-capital property trust, combined with the basic theory of the Trust for the Non-capital property trust law theory and concepts to organize research. The combination of Non-capital property trust also practice further clarify the significance of the full development of the Non-capital property trust in China.The second part is a Non-capital property trust running deconstruction. In this section, firstly, the basic legal relationship of Non-capital property trust our legal system to sort out, deepening the legal recognition of Non-capital property trust; Secondly, non-fund trust running through the text and icons deconstruction and analysis, clear Non-capital property trusts running, focus on analysis of asset securitization in the Non-capital property trust; Finally, clear the full operation of the Non-capital property trust process, can clearly be seen in the Non-capital property trust the trust ownership rights of the trust asset securitization participation dual structure, in-depth analysis of this dual structure, sure the structure is a series of legal problems that lead to Non-capital property trust reasons.The third part is a non-major legal issue of the Capital Trust profiling. The part in China’s legal environment analysis combined with Non-capital property trust, and based on the Dual ownership structure of China’s Non-capital property trust legal issues are summarized, Dual ownership structure and our trust legislation conflicts mainly in Non-capital property trust, non-rejection of the of Capital Trust concept of China’s Trust Law and the inner conflict and property law the basic principles of the dual ownership structure of the Non-capital property trust; Non-capital property trust registration system is not perfect; The taxation of non-fund trust under the dual ownership structure; Termination of Non-capital property trust issues. This section of the four main issues was discussed in more detail.The fourth part is the perfection of the legal system of China’s Non-capital property trust. By previous analysis and research, the part of the third part discusses legal issues, combined with the basic theory of the Non-capital property trusts, targeted legal perfect views: Determine the Dual ownership of Non-capital property trust ownership; improve the registration system of Non-capital property trust; Building a taxation system for Non-capital property trusts; improve the operation and termination of Non-capital property trust system. And then clear the rights and obligations of non-parties to the Capital Trust, determined to run the risk of Non-capital property trust and Liability. Through this discussion, hope to play a role in the development of our Non-capital property trust.