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The Exploration And Construction Of The Key Aspects Of Trust System In China Under The Localization Sight

Posted on:2017-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:D L XuFull Text:PDF
GTID:2296330482998040Subject:Civil and Commercial Law
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In order to highlight the financial function mainly of contemporary society, trust has been paid much attention by all over the world. In the country Such as the United Kingdom, the United States,which has a long tradition of trust and modern market economies, the Trust has penetrated into the country, society, all aspects of civic life and has been used maturely in the inheritance of property, securities trading, public welfare and other aspects.However, compared with the rapid development trend of Trust in today’s world, the situation of the Trust overall development in our country is not optimistic due to the lack of Trust traditional. As China’s market economy started late, the whole legal system is lagging behind, combined with the Trust theory and practice in our country is underdeveloped, at the beginning of the introduction of the Trust is only to take advantage of the unique advantages of trust in terms of the economic development to boost our economy development, although it has experienced five rectification, the Trust industry has not yet to the normal development of institutional track, and it’s rarely applied in the field of public interest, and life. In particular, it has been bound by the planned economy for a long time, the development of our Trust business in the market-based equity market environment is even more twists and turns. At the level of the legal system, the legal system backward, not perfect; in the academic level, the basic theory is weak, transplantation of foreign advanced system, localization transformation process is slow; at a practical level, regardless of the financial sector, or areas of life, by means of citizen financial investment trust system, or solve their difficulties awareness is not enough.Based on the localization of the trust system, starting from the origin and development of trust, and comparative analysis on the basis of extraterritorial system, attempts to backward or not suitable for China Trust theory reconstruction. Meanwhile, in the course of our argument also deficiencies "Trust Law" and "trust management approach" and so choose to Comment. Thus China’s "Trust Law" to modify the proposed overall future vision. In order to promote China’s "Trust Law" in the localization process.The first part is an introduction. Research questions raised in this chapter, we give a survey study to clarify the basic structure and the main innovations of this paper.The second part is a basic understanding of trust. Localization of objects as the basis for this chapter to clarify the basic theory of trust, origin and development of exploration trust to support localization Trust System in China.The third part is the ownership of property trust property analysis. As one of the key localization chapter determine the ownership of the trust property, and pointed out that the relevant provisions of the legislation does not apply to the Department. Key demonstrate independence of the trust property, the trustee and control of the trust property on the redefinition of the concept.The fourth part of the rights and obligations of the trust relationship between human analysis. As a local focus of the two, chapter by obligations to beneficiaries and trustee rights set forth, the importance of the role of each conversion demonstrate trust in the process of development, and propose to the relevant trustee centric advanced theory. Furthermore, also on the supervision of the principal and the beneficiary comparative analysis further demonstrates the priority beneficiaries of supervision.The fifth part is Trust Registration System. As a local triple point, the meaning of this chapter by the Trust will be a brief description of the registration system, the need for trust registration argument to proceed to improve the practical operation of the Trust registered in terms of the object of trust registration, registration and so the effectiveness of the Trust.The sixth part is the study of several conclusions as well as China’s "Trust Law" Future Perfect Several expectations. This chapter mainly to sort,summaried and discussed the main points and conclusions in the article, and to draw some conclusions about the Trust Property Rights to promote and improve the localization of trustee duties, the rights of the beneficiaries of the rich and specific, trust registration system of practical operation and other issues. Meanwhile, I will put forward my own expectations to the trust tax reform, the Trust raised their to the public welfare, expand areas of life.
Keywords/Search Tags:Localization of trust, trust right, duty of care, trust registration, "Trust Law"
PDF Full Text Request
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