Study On The Legal System Of Pension Trust Regulation

According to the Statistical Bulletin of the National Bureau of statistics 2015 showed that China has entered the aging society.Trust is one that goes beyond financial institutional arrangement.Pension trust is one kind of comprehensive trust,it centralize the source function of trust,the financial functions and extended functions-in-one,including property trust and transactional trust,which combines pension service and financial functions in one.It is one kind of innovative financial instruments.As one kind of innovation trust,the risk of pension trust has its particularity.The era of rapid development of China's economy is already coming to the end.The time of pan asset management has already came,it is taking precautions to strengthen the regulation of the financial service industry.With the rapid launch of pension trust products,pension trust market is gradually rolled out across the country;in addition,some of the features of pension trust itself lead to excessive powers of the trustee.If there is no reasonable regulation,which will harm the interests of the client and the trustee,even hazard the regional economic security.This paper summarizes the concepts and features of pension trust,and analyzes the main body,the content and the value and the relevant provisions abroad.Combining the problem of pension trust regulation in practice,analyzed the existing problems in four aspects of in legislation,government regulation within the industry in our country under the present legal environment.First,improve the pension trust regulatory legislation--"trust business law",so that legal basis ensure that laws are observed;Secondly,to change the traditional regulatory mode,relax restrictions on the investment direction of the pension trust,the number and the threshold of investment,promoting the development of the old-age pension industry investment fund;Third,unified pension trust regulating subject.This can solve the inconsistency of regulatory rules,the competition between regulators and the problem of multiple regulatory agencies can not regulate overall;Finally,the reform of the regulatory system for intra industries should be improved,strengthen the capacity of trust companies specifically,strengthen the asset-liability and risk prevention management.