The Study Of Beneficiary Right For The Commercial Trust

Trust is a unique system for the transfer and management of property and design. It is based on the trust system applies the breadth and flexibility, so far from the origin of the trust system, more and more countries will trust system into their economic development and social life. China promulgated the "Trust Law" in 2001, due to the trust at the time of the transplant and the Anglo-American legal system is inconsistent, causing many of the characteristics of the trust itself is difficult to play its due benefits under our current legal environment. Our current trust industry is facing difficulties in the development of the situation, and this dilemma is mainly reflected in the field of commercial trust. How to overcome difficulties and commercial development of trust, solve problems encountered in the development Commercial Trust, has become the focus of the current substantive areas of particular concern and academia. This article is from this focus, combined with the current development of commercial trust real problem, choose one of the breakthrough commercial trust dilemma effective way that the trust shall be pledged as a starting point, to carry out its legal discourse level.The main text of this paper is divided into the following four sections:The first part focuses on the development of the plight of the Commercial Trust and existing breakthrough. First discuss an important issue facing the industry practice of trust, that trust payment problems. Illustrate the effect of the rigidity of the Trust generated cash payment for the development of reason and rigidity trust industry. Secondly shows that trust products in our country’s commercial trust the problem of insufficient liquidity, the shortage for the trust products liquidity seriously restrict the development of commercial trust.Also from the plight of the settlement of commercial trust departure, indicating that an important factor affecting the development of the current plight of the trust industry is the effective transfer of the trust beneficiary. Finally, the transfer of the trust shall discuss current innovation model case, which reveals that the center of the legal issues discussed in this article right of the trust pledged.Legal analysis of the second part of the trust shall pledge is the focus of this paper. In this part of the historical interpretation of the trust beneficiary, the beneficiary of the trust after the trust beneficiaries from common law and civil rights transplants do with comparative discussion to clarify the origin of the trust beneficiary. At the same time the trust shall set forth the specific function in the commercial trust perspective in this article select the show. Secondly analyze why trust law since the enactment of the trust shall be subject to the pledge neither expressly provided by law, the main beneficiary of the trust is to qualitatively unknown. By saying that the existing rights of the trust property, debt, said the right to say and new comparative analysis results demonstrate the author’s bold ideas and suggestions. Pledge again to compare trust benefits similar system analysis, summarized the current case can be referred to pledge receivables pledged mode trust benefits were practical operation, but not copy the same pattern. Therefore, the legal environment of trust benefits under the pledge is feasible. Trust benefits business, after all, a pledge in the regulators are not introduced innovative financial products when the relevant provisions, although the innovation Trust aims to promote industrial development, for the purpose of promoting financial change, but return to its essence the transaction, or to consider protect the rights of financial participants, so the final analysis to protect the rights of parties to the transaction in the trust shall be pledged in the body.The third part is the realization of the trust shall pledge. The part to address the development of the trust shall pledge obstacles main line, discussed the formation of the trust shall pledge reality and practice factors. First, from the civil law and the establishment of the basis of the theoretical analysis of effective elements of trust beneficiary pledge, indicating the establishment and entry into force of the two areas have their different importance. Second show trust registration system is an important factor affecting the trust shall pledge. By analyzing the current value of the trust property and trust property registration system to register the existing problems exposed, discussed the important role of the registration process in the trust shall pledge and the specific effect of expression. Finally, the trust shall be pledged to the risk faced by the current practice will analyze and explain the causes of risk aversion reasonable path risk.The fourth part is a summary of the full text. In the final statement of the author of the trust shall pledge legal issues and reflect on some of the views; the focus is still the right of the trust set up and perfect trust regulations, trust products trading platform pledged to protect the three levels of standardized registration system.