Research On The Beneficial Right Of Consumer Trust

Since 2013, the consumer trust emerged in the market, more and more trust company issue consumer trust in many fields. With the attraction of its benefit of consumption, consumer trusts attracting a large number of people sign up. Under the downward trend of trust market, developing consumer trust becomes a new choice in many trust companies.Although consumer trust have made its mark in our country, the pattern design and product operating experience is still immature. The current institutional system has not been regulating this new type of trust directly; regulators have yet to find a suitable to this regulation. Through collect the 10 consumer trust products in the market, the author found that the protection of beneficial right in consumer trust is sloppy. Some trust company as a trustee, even declared in the contract-do not bear the responsibility of the beneficial right which is the core of consumer trust. This left huge risks for realization the beneficial right smoothly by beneficiary.In the long term even shaken the foundation of consumer trust existence. Aiming at these problems, the author combining theory and practice, putting forward a series of measures, looking forward to develop consumer trust less trick, more sincere, truly become a new blue ocean of the development of Chinese trust industry.This paper is divided into four parts, the main content are as follows:The first chapter expounds the basic principle which is the beneficial right protection of consumer trust. First of all, the author summarizes the consumer trust. Second, define the various elements in the beneficial right of consumer trust. Third, the author introduced the realization path of the consumer trust’s beneficial right from the management of the trust property. Finally, give a further explanation to the characteristics in the beneficial right of consumer trustThe second chapter mainly describes the trust law problems, which in the beneficial right of comer trust, in the development of consumer trust practice. The author collected some of consumer trust contract in the market, found out that the main problems to protect the beneficial right of consumer trust is that trust company in the implementation for consumer trust profit is almost doesn’t assume any responsibility, some trust even sign disclaimers in the contract. Above this problem, the author thinks that the surface reason is that consumer trust company narrowed the beneficial right of the consumer trust to evade its own legal responsibility, passed on the trustee responsibility, which is help beneficiaries realize their consumer rights and interests, to the provider or beneficiaries themselves. Mean while the deeper reasons caused the problem is that consumer trust is the trust of transaction management, our country law is not clear for this type of trust. Especially the beneficial right of the relevant protection system is not perfect, left a loophole for the consumer trust companies which their business management risk would passed on to the othersThe third chapter the author advise many methods to solve the problem above to the beneficial right of the consume trust. For the first time, points out the principle of the beneficial right protection in the consume trust. Second, further clarify the consumer trust; the trustee shall have the duty to help beneficiaries to realize their beneficial right of the consumer trust. Finally, the protection of beneficial right shall throughout the whole trust legal relationship. Not only the trustee, other factors such as the third party who provide consumer rights and interests, consumer trust property have a responsibility to protect the beneficial right of consumer trust for beneficiaries, the author argues that through the above measures, which could establish a complete system to help beneficial right realized.The fourth part is conclusion part, the author sums up the main content of this article and points of view And put forward the development of consumer trust have special significance under the new normal of our country economy, calling trust business consumption Correctly understand the protection of the beneficial right of trust, real attain the goal of design the consumer trust.