| Expend the respect of the aged in one's family to that of other families;expend the love of the young ones in one's family to that of other families.The old age of life can be happy and happy to spend the common aspiration of our society as a whole.However,as one of the most populous countries in the world which has an enormous population base,China has been confronted with increasingly severe aging population.Accompanied by a non-negligible crisis with the pension system,the huge hidden debt caused by the empty account operation of personal pension accounts has become the most pressing issue that government must solve as soon as possible.Enterprise annuity,an important supplement to the basic endowment insurance system,has been developing prosperously.Under the specific market backgrounds,enterprise annuity trust,which is an innovative investment approach of annuity funds,emerged at the historic moment.With its unique superiority,enterprise annuity trusts are growing rapidly.As it becoming pervading,it is necessary to build a thorough legal regulatory framework to balance the relevant restrictions and integrations.This paper mainly studies the legal supervision system of Chinese enterprise annuity trust.The research covers the concept and characteristics of enterprise annuity trust,the internal legal relationships of enterprise annuity trust,based on the regulatory frameworks in Euro-American developed countries and the issues encountered in the building of the legal supervision system in China,this paper deeply discusses the relevant countermeasures to establish and improve the legal supervision system of enterprise annuity trust in China.This paper is divided into four chapters,the first chapter is an overview of the enterprise annuity and the enterprise annuity trust,introduce the concept of both,analyze the specialities and advantages of an enterprise annuity trust by explaining the characteristics of the trust system,as well as the need for legal control of the enterprise annuity trust market.The second chapter is the core of the whole thesis,an Analysis of the Internal Legal Relationship of Legal Supervision System of Enterprise Annuity Trust in China,from the main body,the regulatory model,the contents of the supervision of three aspects to do a holistic grasp.China's participation in the enterprise annuity trust supervision process of a wide range of departments,the Ministry of Human Resources and Social Security is the subject of the approval of the trustee in the enterprise annuity trust,in addition,the annuity trust in the operation process involves securities,banking,insurance,multiple financial fields,to this end,China will be the regulatory functions were given to the corresponding areas of the regulatory body,by the China Banking Regulatory Commission,the CIRC,and the SFC co-supervision.In terms of regulatory model,this paper compares the different options for prudential regulation and quantitative regulation in major European and American countries,analysis shows that based on China's enterprise annuity trust is still in the primary stage of development of the real state,Quantitative regulatory model is clearly more suitable for China's national conditions.And after an in-depth analysis of the legal relationship of the annuity trust,and then get the legal supervision system of enterprise annuity trust in our country there are still low level of legislation,the coordination mechanism of supervision subject is imperfect,Beneficiaries to protect the interests of not in place,tax incentives are not perfect four problems.The third chapter is how to allocate and stipulate the rights and obligations of the principal parties of the enterprise annuity trust,how to control the law,how to improve Information disclosure transparency,protection of beneficiaries to analyze the interests of China's current regulatory law to the imperfections of some inspiration.On the basis of the above contents,the fourth chapter puts forward some suggestions on how to perfect the legal supervision of enterprise annuity trust in our country,and perfects the legal system of trust supervision in China from perfecting legislation,internal and external coordination supervision and judicial dispute resolution mechanism.Legislation,emphasis on improving the legislative level,a clear trust property ownership,focus on the interests of small and medium enterprises;This article pointed out that the internal supervision and external supervision should be developed at the same time,can not be neglected one,internal supervision should pay attention to enhance the professional quality of the trust staff,to prevent related transactions,external supervision must be within the organization to share information,improve the coordination of regulatory system,Repeated supervision and the emergence of blank supervision.Talking about the judicial dispute resolution mechanism is because there must be a dispute in the development of disputes,there must be controversial dispute resolution mechanism,enterprise annuity trust as a new thing,and social security and financial industry is closely related to,can not simply put its justice into labor Disputes or civil disputes in the scope of the judicial dispute resolution mechanism mainly from the scope of its scope and regulatory system to discuss two aspects.Enterprise annuity as an important part of China's basic old-age insurance system,for social stability,economic development has a crucial role in the annuity as its mode of operation of the development prospects,and improve the legal supervision system is to promote its healthy development Condition. |
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