The Independence Of The Trust Property And The Rigid

The trust system originates from the British, and then develops rapidly in the entireworld, especially in the Common law countries. It is a kind of system of the transfer ofproperty and the property management, which is based on the mutual trust between thelitigants, and is provided with high degree of flexibility and plasticity, the system graduallybecomes the forth financial support in financial sector after Banking, Insurance and SecuritiesIndustry, its core lies in“Get the trust of others, Accept the entrust of others, Perform theentrust of others, Help others investing”.The core of the system is the proprietor transfer his right of use to the trustee, after thatthe trustee manages the trust property. Common law system and civil law system have adiametrically opposite understanding for the property. In common law system country, theownership of all can be enjoyed by two people under the common law and equity, but underthe influence of the principle of "one thing, one right", the ownership can only be enjoyed bythe owner. So, for the trust system, although it has developed many years in our country, theacademia’s research not enough in-depth. How to guarantee the trust property‘s legitimaterights and interests is a problem to be solved. For the moment, the trust business of ourcountry have unwritten rules—Rigid payment, this means that when the trust productsbecome due, the trust company must assign the principal and income to the investors, whenthe trust plan may not payment on time or has payment difficulties the trust company needbear the adverse consequences. Although such rules can ensure the income of the proprietor,they are not only conflicts with the trust system, but also not good for further expansion of thecompany. And even to some extent it hindered the trust system play a significant role in theeconomic development. However, our country has yet to establish a perfect legal system todeal with this kind of phenomenon, and hasn’t explored creatively theories to lay thefoundation for the good of development of China’s trust industry in the future. Investigate itsreason, except the different understanding about the ownership issue between thecontinental law system and Anglo-American law system, furthermore the trust system is anew system, regulatory supervision measures is still not perfect, the trust company ownsupervision needs to be improved, and the investors’ understanding of trust system is not deep enough. Therefore, this paper aims to study the trust system, especially the trust propertyindependence, detailed the trust system, which can better analysis the rigid payment’sdisadvantages, and combined with some measures which relevant countries had taken in thedevelopment of trust system, so can provide some advice to the development of trustindustry in our country.