Study On Legal Regulations Of The Cooperative Financial Management Business Between Trust And Banking

With China’s financial policy of separate operation and encouraging innovation, in order to bring the inner strengths into full play and make up for deficiencies, and for the sake of making innovations on financial products as well, trust company and banks promote the booming development of the cooperative financial management business between trust and banking. However, due to the hysteresis quality of law and the vacant legal regulations currently on it in China, a majority of legal problems in the cooperative financial management business between trust and banking come to the surface.At present, the legal problems existing in the cooperative financial management business between trust and banking in China are as follows:problems in supervision, the problem of subject qualification in the cooperative financial management business between trust and banking, the legal risks of the cooperative financial management business between trust and banking, the legal nature of the cooperative financial management behaviors between trust and banking, and the problems of rights, obligations and structure of the contract of the cooperative financial management business as well. The preventive effect of China’s current financial supervision system on the cooperative financial management business between trust and banking and many problems in the financial management business are still controversial. There is no unified and authoritative final conclusion. And some analysis papers in this regard are relatively fragmented and unilateral, without in-depth and systematic research, and the systematic solutions are not provided yet.From the perspective of the prominent legal risks in the implementation process of the financial products, this thesis has made an in-depth discussion on the more controversial legal questions by means of theoretical analysis. The author learns and studies the legal regulations on the cooperative financial management business between trust and banking in western developed countries and puts forward the transplantation of law of the good supervisory policies. Based on the current legal forms in China and starting from the perspective of legislation in the first place, we should consider how to improve the current system of laws and regulations to unify and coordinate the relevant relations of trust and banking with each other. In the supervision work, we should be good at summarizing, rectify and reform timely, promote the proactive cooperation among a variety of industries in the financial community and open a new chapter for the mixed operation. During the process of execution and implementation, we should ensure the clients’ information undisclosed, exercise the basic rights and interests of the investors reasonably and lawfully and improve the internal institutions of the financial institutions. As for these questions, some effective legal advices are attempted to be put forward in this thesis, so as to improve the legislative status of the current cooperative financial management business between trust and banking.