Study On The Standard Of Careful Investment In Commercial Trust

In recent years,China’s commercial trust industry has developed rapidly,the scale of asset management gradually expanded,if the volume calculation,the trust has surpassed the insurance industry has become the banking industry after the second largest financial sub-sectors.In the blue sea of the trust industry,the number of risk projects has also increased greatly,and the frequent redemption of the crisis has seriously affected the stability of the financial market.In the first part,the paper analyzes the recent cases of payment crisis by way of example,analyzes the relationship between the payment risk and the prudent investment obligation standard by the trust company to pay the risk control.Not to the context of the industry,prudent standards ambiguities lead to the trustee is difficult to self-evidence of their own due diligence,which in turn reinforce the practice of paying all the details,forming a vicious circle.Which leads to the standard of prudent investment obligation of commercial trust.In the second part of this paper,the prudent investment obligation and its standard are expounded comprehensively.Since the trust system is the product of the Anglo-American law system,this part of the British and American law mature and prudent investment system and civil law system of developed countries,the model is based on the contents of the duty of care,the different levels of prudent obligations,prudent obligations norms And the application of prudent standards to analyze the four aspects.Trustee system is the most important trust system,and as the core of the trustee system,prudent obligation is a powerful guarantee for regulating the behavior of the trustee,its connotation is rich and the importance of self-evident.In view of the different situations of the trustee and the objective requirements of the property management of the client,it is necessary to have a relatively unified and flexible standard to evaluate the fulfillment degree of the prudent obligation from the whole.The legal definition of the nature of the cautious obligation norms,but also associated with the prudent standards in the application process can adjust the flexibility.This series of care obligations from the standard content,type,nature and application,comprehensive discussion.The third part focuses on the analysis of the current situation and causes of the lack of prudent obligations in China.Due to the lack of the basic relationship of trust,the conflict between the basic principle of property right and the dual ownership structure of the trust itself has led to the imbalance of the rights status between the trustee and the trustee,and the urgent need for a sound socialist market economic system And so on,the prudent investment obligation in our country and even the whole trustee system are lack of systematic regulations,which are scattered and vague.In this part,the standard of prudent investment obligation is extracted in our country’s current law,and the reasons are analyzed.bedding.The fourth part is the perfect suggestion to the current situation of our country’s prudent duty standard.First,the general standards should be established as a measure of whether the basic principles of cautious obligations;second should be for investment,financing and transaction management types of three types of commercial trust different risk points to establish specific prudent standards;the last to follow up the responsibility mechanism Perfect,and the application of the standard complement each other to the obligation to fulfill the obligation to relief,and strengthen the trustee strictly in accordance with the standards of the implementation of obligations.