On The Unified Supervision Of The Financial Products Of Trust

With the prosperous development of market economy, people with more and more increasing money to spare are much eager to keep the maintenance and appreciation of values of their fortune by invest their money in financial market. Stimulated by the huge market demand, different kinds of financial institutions have been issuing different Collective Financial Products in order to absorb funds and obtain profits. However, in practice, there is a lack of supervision on these new Collective Financial Products. The most primary problem is that the financing institutions carrying out wealth management business are to be regulated by various supervision organizations, which leads to a series of problems, such as different regulatory standards, the unclear legal nature of these products. Therefore, this article focus on analysis of the legal nature and the current regulatory situation and its existing problems of the following five finance products:the Assembled funds trust plan by the comprehensive trust company, personal financial plan by Commercial Banks, asset management plan by the securities company, securities investment funds by fund company and investment linked insurance by insurance companies, in order to make suggestion to improve the supervisory level in china.In chapter1, we analyze the legal nature of finance products, firstly we have compare the various definitions of finance products provided in our current laws and regulations and then we have analyze the legal nature of trust. We hold that all those products belong to trust by nature. In Chapter2, we have comparatively analyzed the current situation of supervision of the five trust wealth management products mentioned above, and then discuss the trust financing business in the following aspects, such as regulators, market access, product operation, related party transactions and exit mechanism. At last we compare carefully the different regulatory standards on the same kind of business established by different departments.In Chapter3, In order to remove the confusion currently existed in supervisory field, we have made concrete suggestions on how to supervise the trust management products uniformly based on analyzing the necessity and feasibility of unified supervision.