| In recent years,With the rapid development of the real estate industry in China,the trust law system with its own characteristics has been preliminarily formed on the basis of drawing lessons from the relevant system of other countries.Unfortunately,the real estate trust system in China has not played its proper role in the process of the real estate industry booming.The system of real estate trust is too abstract and general,so it is difficult to guarantee and relieve the beneficiary's trust interest.Therefore,this article discusses the trustee's prudent investment obligation with the trustee of the real estate trust as the foothold.Through the relevant legal system of our country's review,found the problems,combined with the comparative analysis of foreign countries and regions of the relevant legal system,in order to put forward some suggestions to solve China's real estate trust in the trustee's prudent duty of investment.To this end,the author will be discussed in four parts.The first part analyzes the real estate trust,real estate trust in the trustee and the definition of the duty of prudent investment,that the real estate trustee's duty of prudent investment refers to the trustee must be cautious than the general people do not have the skills or that have their own special skills,to raise funds to invest in the real estate industry.The trustee's duty includes the duty of care and loyalty and duty of prudent investment and included in the duty of care,real estate trust,reduce the provisions of the trustee's prmdent duty of investment,to reflect the fairness and efficiency of the improvement of investment environment and transaction cost are necessary.The second part analyzes the legislation status of the trustee's prudent investment obligation in our country's real estate trust,points out some defects in the legislation,and explains the reasons for the defects.The third part from the due diligence,the proportion of investment,investment object,transfer trust situation,information disclosure and liability aspects of foreign countries and regions of the real estate trust fiduciary duty of prudent investment review and summary,summarized from the three characteristics of the real estate trust by the trustee duty of prudent investment,which is positive the standard specification,legislation and practice.The fourth part,based on the summary of the second and third parts,and combined with China's existing national conditions,puts forward suggestions to improve the prudent investment obligation of the real estate trust trustee in our country.First,determine the trustee's prudent duty of investment performance standards;secondly,the protection of the trustee rights of independent investment;third,strictly regulate the information disclosure;finally,the trustee violates the duty of prudent investment compensation liability is discussed. |
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