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The Research On Circulation Of Trust Beneficiary

Posted on:2015-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:R LiuFull Text:PDF
GTID:2296330434452472Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The current development of China’s trust industry is rapid; the total size of the trust industry has exceeded RMB ten trillion. Under great financial background of "revitalize the stock, make a good use of increment", it will be of great significance in China’s economic development if they can make full use of the fund scale and fluidity of trust industry. The core of capital flows on the trust industry is the fully transferring of the trust beneficiary. If transfer the trust beneficiary fully, the trust industry will make an inventory of the huge size of funds. But the reality of the situation is a trust beneficiary circulation encountered many practical obstacles. Although China’s "Trust Law" expressly provides that the trust beneficiary is a negotiable financial right, but there are only principle instead of detailed provision. The regulatory system has no specification on the methods and procedures in addition to some principles. These have led to the trust shall not be sufficient circulation.There are currently a number of practices have been carried out by some trust corporations and Property Exchange, but did not get very good results. And because there is no explicit system specification, these attempts may be halt due to non-compliance regulatory at any time. This paper is on the basis of analysis the status of the domestic circulation; propose the main reasons of restricting the flow is lack of laws and regulations, lack of regulatory regime and the lack of circulation markets. This paper makes some suggestions on promoting the liquidity, improving the feasibility on the above three causes.This paper is divided into five parts. The first part is an introduction; purpose questions, significance and review of the study. The purpose of the paper is to clarify the starting point, the main line and the end, playing a programmatic role in its entirety.The second part is about some of the basic theory of the transfer of the trust beneficiary, giving a brief introduction about the origin and law meaning and the essence of rights of trust beneficiary, clarifying the conception and content of the transfer of the right of trust beneficiary. And on that basis discusses the significance and necessity of the transfer of the trust beneficiary.The third section discusses the domestic situation, and makes a deeper introduction from the aspects of legal and regulatory systems and practices. After analyzes the domestic legal and regulatory systems, we make a conclusion that we lack system support now. This paper studies it from practice, including the platform, main methods and typical cases, and then this paper gets the domestic main problems and shortcomings.The forth section analyze the causes of domestic main problems and shortcomings, pointing out that the lack of transfer of trust benefits right resulting from legal level, regulatory level and the level of system of circulation market.The fifth section makes suggestions on the basis of above study from legal level, regulatory level and the level of system of circulation market.
Keywords/Search Tags:trust beneficiary, trust beneficiary circulation, trust corporation, circulation market
PDF Full Text Request
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