Legal Research On The Governance Of State-controlled Trust Company

Trust industry is one of the members of the modern financial system, since1979,the first trust company in our country-China international trust and investmentcompany established, it means that started the new development in our country. Stateholding the trust is the main force of China’s trust industry, its developing situationdirectly influence the development of the industry, also relates to the stability of thefinancial system in our country. It is the core elements of the corporate governanceand state-owned holding trust company. At the same time, the corporate governanceof state-owned holding trust analysis will have significance in theory and reality.This article has five chapters. The first chapter mainly describes the concept andcharacteristics of trust companies, and the development of the state-owned. And then,briefly introduce and analyses the state-controlled trust company in Chinadevelopment.The second chapter discusses the corporate governance theory and the mosttypical trust governance mode. Corporate governance theory is not our native theory.According the years of development, and formed many different theoreticalperspectives in foreign countries. Although our country introduce the theory, scholarsdid not form a unified point of view, this chapter will be comprehensive overview oftheories on home and abroad. Anglo-American model with trust companies, trustcompany governance mode is the main governance of trust companies, has two modes as have different characteristics. In fact, our country state-owned holding trustcompany governance can learn advanced experience.The third chapter mainly describes the present status of the state-controlled trustcompany governance in China. First briefly explain the characteristics of trustcompany governance in China, and analyze the whole DE governance of trustcompanies from the perspective of the whole industry. Secondly further illustrate thestate-owned corporate governance and other trust companies and financial institutionsin corporate governance, its particularity, combined with part of the state holding thetrust company’s annual report in2011to analyses by four aspects: ownership structure,governance structure, organizational structure and incentive and constraintmechanism in this paper.The fourth chapter elaborated the problem of our country state-owned trustcorporate governance. Trust industry in our country has developed more than30years,although some significant issues resolved conflicts, because of our country economicsystem and market conditions, some problems left over by history, the influence ofsuch factors as problems are many. In this chapter mainly from four major aspects asthe basis, targeted analysis of the problems existing in the state holding the trustcompany.The fifth chapter mainly put forward some legal advice to state-owned holdingstrust the perfection of corporate governance. According the present situation of thestate-controlled trust company management found problems, you need to take certainmeasures to solve the problem. This section put forward corresponding suggestionmeasures in view of the problems in the previous chapter, and provides thestate-owned corporate governance when trust company need to take action in thefuture.