Legal Issues Study On Trust Of The Right To Equity Interests

In recent years, China’s trust industry has obtained the certain development, and trust of the right to equity interests experienced an important period from production to development. Trust of the right to equity interests is more emerging trust products, taking the right to equity interests as trust property. At present, trust of the right to equity interests becomes more and more common, occupied a certain place in the wide range of trust products.China’s socialist market economy has been gradually established and is in progress, and trust of the right to equity interests has a broad market space. Due to its flexibility, trust of the right to equity interests its flexibility has been widely applied in trust business since the moment it has been innovated, however using the right to equity interests as trust property defects inherent in the law. Legal compliance of the trust of the right to equity interests has no definite conclusion in the current legislative norms and judicial practice. Domestic research on the theory of trust of the right to equity interests is still not perfect, while the practice of trust of the right to equity interests walks in forefront of the theoretical research. There exist many problems on the legislation, theory and practice in trust of the right to equity interests. These problems can be described as follows: the blank on the legislation, the lack of publicity system, imperfect tax system and the lack of supervision mechanism; In theory, the differences of understanding of the nature of the right to equity interests, whether the right to equity interests on equity target as trust mark and trust of the right to equity interests lost the traditional trust management functions; In the practice, the legality of trust of right to equity interests, how to publicize trust of right to equity interests, and the problem of ownership of shareholder. These problems are still not studied in special articles, and this paper expands the research based on these neglected spaces.The full paper is divided into introduction, body and conclusion, the body consists of three parts, which are as follows:The first part gives a brief present introduction of trust of the right to equity interests in our country. This part quotes present profile of trust of the right to equity interests with practice of the two cases, introduces basic features and practical operation modes of trust of the right to equity interests, analyses the realistic meaning of trust of the right to equity interests, and lays the groundwork for the following problems and analysis of trust of the right to equity interests.The second part mainly makes an interpretation and analysis of the problems existed in the trust of the right to equity interests. This part chiefly carries on the analysis from the following three aspects: legislation issues, theoretical issues and practical issues existed in trust of the right to equity interests.The third part analyses problems of existed in the trust of the right to equity interests in detail, including analysis of the nature of the right to equity interests, eligibility of make equity interests as the trust property, realization of management functions of trust of the right to equity interests, connotation and legitimacy of the trust of the right to equity interests.The fourth part explains how to build the system of our country’s trust of the right to equity interests in detail. The system consists of legislative model, conditions of establishment, legal relationship between the parties, invalidation, the tax system as well as supervision system of trust of the right to equity interests.Finally, this paper concludes that, for trust of the right to equity interests, we should establish a perfect system, clearing the requirement for establishment and effective elements, definiting the rights and duties in the relationship between the parties, improving the tax system and regulatory system of trust of the right to equity interests, then can make the practice of the trust of the right to equity interests standardized operation, own legal basis, and play a better role.