Research On Chinese Legal Issue Of Regulating The Payment Crisis Of The Trust

Trust is a behavior that the trustee entrust their property to the trustee based on the trust, and the trustee will manage or dispose the property for beneficiaries' benefit or specific purpose in his own name. Trust is a tool of investment and financing tool, but also can be connected to the currency, capital market and industry three. Since 1979, the trust in China plays a role can not be ignored in the economic development of our country, the trust and banking, securities, insurance are known as the four pillars of financial industry. By developing the trust business and innovating the trust product, trust companies has become an important financing platform. Since 2013, payment crisis of the trust industry in China w hich has a rigid payment, has come one after another, the frequent exposure of the risk event has triggered concerns about systemic risk of the trust industry, a system of trust crisis is spreading.In recent years, the trust industry has developed rapidly, With the development of the trust industry, the flaws of current law are appearing, The existing defects are more performance out of trust law, Now the introduction of the "trust law", "Trust Investment Company management approach", "Trust Investment Company Interim Measures for the administration of trust funds" just set up a trust business framework, no specific implementation details in many aspects, some concepts are still no judicial interpretation and the relevant judicial explanation is lagging behind. Due to the lack of unified legal standard, the practice has great diversity, risks for the trust industry are hidden. At the same time, the lack of effective and authority of the supervision system and supervision mechanism in trust industry of Chinese exists. In addition, there are a lot of system of trust related, such as the trust registration system, information disclosure system, the risk responsibility system. Britain is the birthplace of the trust industry, the trust has a longe r history. USA and Japan as the world's the bright younger generation of trust industry, trust industry has been very powerful. Researching the trust legal system of the representative of the Anglo American law system and continental law system countries, has important significance for legal regulation of China's trust industry payment.Therefore, on the process of the legal system of China's localization trust industry, the first priority is to improve the trust legal system, revise the "trust law", perfec t the laws and regulations of the trust law and other supporting system, and there must be a unified judicial explanation as soon as possible. And then, to improve the trust industry specific laws and regulations system, firstly, to build an effective and authoritative supervision system and supervision mechanism, secondly, improve self-discipline organization supervision, third, strengthening mechanism, the internal control of enterprise, fourth, improve the trust company set up a registration system, fift h, implement and improve the information disclosure system, sixth, to honor the trust risk responsibility system, clarify the boundaries of risk responsibility of the trust industry.