| The United States is the earliest use of real estate trust tool state, many countries in theworld in the real estate trust aspects to obtain the development, and further the continuousimprovement. Real estate investment trust not only has the advantages of real estate, andmake full use of the trust to put large investment to small assets were scattered, so that smalland medium-sized investors investment needs have been met, so that full concentration ofresidents in the hands of the idle funds, and effectively use, realize the funds for win-winresults. Therefore, in China the existence and development of the real estate investment trustthis new financing tool is a represent the general trend. And real estate investment trust in thefield of the legislative situation in our country is still in the blank stage, therefore, theadvanced experience of other countries and some areas of China after the comparison andreference, from the reality of China, the construction of proposed framework for China’s realestate investment trust system, hoping to promote the development of China’s real estateinvestment trust. Real estate has become a pillar industry of the national economy, since theninety’s rapid development. But in recent years as the country strengthened financialsupervision, traditional financing channels for real estate developers have a certain degree ofcontrol, as in the past no longer as smooth, therefore, the most important challenge the currentChinese real estate industry is facing the new financing channels to find out; thirty years ofreform and opening up, from the primitive accumulation of capital and investment to processChinese folk capital experience, to a safe and stable investment returns for investors created,is very important. Real estate investment trust for just these two problems can be solved. Thisdissertation firstly gives a brief introduction on the real estate investment trust’s connotationand the origin and development, make full use of historical analysis and comparative analysisand empirical analysis methods, and in the view of law on foreign real estate investment trustestablishment and operation and supervision are discussed; and fully the legal status of thereal estate investment trust parties the legal relationship between the main body, and makefurther elucidate. In addition, this paper also fully combines the legal environment of China,and the nature of the real estate investment trust legal status in our country’s legal frameworkis analyzed, and briefly analyzes the Chinese relevant legislation. |
