Entrusting Contract Qualification Of Trustee Limited Research

Based on current eligibility trustee of the trust management problem analysis and research, carefully put forward his view of a little shallow, hope can do a little for the perfection of entrust financial system.This paper is divided into four parts.The first part is to ask questions, and on the status of overview, noted two major practical problems they face, trust management disputes through the introduction of contrast can be seen in the facts of the case substantially different courts in the same situation given different results, which triggered the discussion:whether it is trust management business franchise? Who has qualified trust management the trustee? Non-financial institutions and individuals engaged in the entrusted financial need limit? If necessary, how to limit?The second part is entrusted financial legal relationship.The first step is to explore the concept of rust management, try to define the client entrust capital financial and non-financial investment institution or a natural person, which entrusted to invest in securities, futures and foreign exchange financial market or other forms of investment management, income distribution according to the two sides agreed or obtained by hosting fees charged by the trustee of the business practices of economic activities. Then through asset management concept in the economic sense, determine the asset management (trust management) legal relationship formed by type, put forward that in the absence of specific legal norms and regulatory policy, should get rid of that kind that we must classify new things to traditional mind-set, shall, in accordance with the "autonomy" contract law of the thought to understand entrust financing, and as the general principles of the civil law standard is a new type of civil legal act. Analyzing the legal nature of a specific act, first look at the rights and obligations between the two parties agreed in the contract, but also to examine the actual performance of the contract way to accurately determine the nature of the behavior of the perpetrator.The third part is the analysis of the legal limit eligibility trustee, through the interpretation of existing law, and explore the future of the trust management qualifications trustees regulation trends, foresee restrictions and information management industry will be less and less, more open access will be able to participation will be more diverse. By questioning a representative view of the judiciary, the commission discussed whether business is wealth management franchise business, non-financial institutions and individuals can participate as a trustee, if open trust management business, how relatively fair regulation, should be made gradually establish a qualified trustee qualification licensing system. By analyzing the theories of qualifications, eligibility for the trust management system to limit the trustee is given the legal basis of the last three aspects to emphasize the need for trust management the trustee body eligibility restrictions from the public interest, trade-offs and foreign experience.Last part of the conclusion mainly give a summary to this article, proposed should establish a market access system from two aspects, one is entrusted with the operation standard unified financial services, in order to ensure a substantially equal competition conditions. Second, the trust management business unified service standards to consumers. The main body should be entrusted to regulate several aspects of financial strength, risk control ability and talent structure.