Researches On Some Of The Legal Issues Of The Real Estate Trust In China

Recently, the control of the development of real estate industry from various aspects in ourcountry makes the real estate enterprises have huge capital stress, and turn to find different ways tocollect operation capital. Under this circumstance, the real estate trust in our country has grown upand developed rapidly. As one of the important types of the commercial trusts, the real estate trustcan invest or finance enterprises through many flexible modes. Being one of the common real estatefinancial products in foreign countries, the real estate trust has the features that it has high return,high risk and high efficiency, and can be the connection between financial industry and real estateindustry. It will have a very bright future in our country. However, currently there are very fewresearches on the real estate trust in the jurisprudential circle of our country. From the legislativeperspective, we are lack of necessary laws and rules whatever in trustee or beneficiary aspects. Fromthe practical perspective, there are various legal issues and deficiencies during the implementation onthe rules of the real estate trust. To advance the sustainable development of the real estate trust in ourcountry, it needs intensive researches on the legal issues of the real estate trust in our country fromevery aspect.This essay is made up of six chapters. Chapter1Exordium. This Chapter simply introduces thebackground of this essay’s topic selection, the literature review and the main research approachesrelated to the research direction. Chapter2Basic Information of the Real Estate Trust. This Chapter mainly introduces theconcept, character, and modes of the real estate trust in China.Chapter3Legal Issues on the Legislative Aspect of the Real Estate Trust in China. This Chaptermainly discusses the legal issues on the rights and obligations of trustee and beneficiary. Specifically,the Chapter analyzes the trustee’s discretionary power and the obligation of royalty, the beneficiary’srights of withdrawal and adjustment, etc. In addition, the author suggests formulate the Law of TrustIndustry to solve the existing legal issues on the legislative aspect of the real estate trust in China.Chapter4Legal Issues on the Practical Aspect of the Real Estate Trust in China. This Chaptermainly discusses the legal issues of the trustee (trust company) and beneficiary in practice.Specifically, the Chapter analyzes the trustee (trust company)’s internal governance, due diligence onprojects, and the beneficiary’s right of supervision, etc. Furthermore, the author suggests enhance thedevelopment of supervision system of the real estate trust to solve the existing legal issues on thepractical aspect of the real estate trust in China.Chapter5Expectation on the Future Legal System of the Real Estate Trust in China. ThisChapter mainly introduces the REITs legal system and analyzes the current situation and thedirection of future development of REITs legal system in China.Chapter6Conclusions and Suggestions. This Chapter summarizes the conclusions of this essayand emphasizes some suggestions again.The author hopes to analyze and solve some of the legal issues of the real estate trust in Chinathrough the above constitutive statements.