The Study On Legal Mechanism Of Risk Control About Commercial Trust Of China

A trust which is established by a financial institution setting up in accordance with the relevant legal norms for the purpose of remuneration is commercial trust. The risk of commercial trust is that at the end of the trust plan investors can get the principal and earnings as expected or not, and is characterized by the mixed type of risks, the university of non-systemic risk, the differences and limitations when the risk happens. At present the trust law system of protection of the trust property and the common way of guarantee in practice to control the commercial trust risk exist many problems. Commercial trust risk can be divided into systemic risk and non-systemic risk, to study the production of the risk and risk control legal system sort out the train of thought. Systemic risk comes from the trust legislation design loophole, the weak of regulatory system and lack of related system, main while, non-systemic risk comes from the objective existence of credit risk, market risk, operational risk and innovation risk. Therefore, to control the risk of commercial trust from legal mechanism, on the one hand, need to publish the judicial interpretation of trust law, trust commercial law’s legislation, prefect companies’internal and external supervision mechanism and to establish a sound system of supporting trast business to achieve the purpose of preventing systemic risk; on the other hand, by correcting the duty of loyalty and kindness tube obligation legislative and enhancing their professional skills can people control the non-systemic risk.