Study On The Transfer Of The Trust Benefits And Its Legal Risk Prevention

In recent years,Chinese trust business has been developed rapidly.According to the China Trust Industry Association published data,at the end of 2016,the amount of the trust assets managed by 68 trust companies has been as high as RMB 20.22 trillion.A large number of trust benefits is waiting for activation.In practice,there are demands for the transfer of trust benefits.However,the liquidity of Chinese trust rights is seriously inadequate,and the construction of trust market is seriously lagging behind and disordered.In the process of transplanting Anglo-American law,Chinese trust law does not suit to the principle of "dual ownership" of the trust law in Anglo-American law and the principle of "one thing and one right" of civil law,which led to a series of difficult situations.Trust laws and regulations are not perfect,and the transfer rules are not clear,the trust registration system and the trust information disclosure system can not be put in place.All above highlights the legal risks of trust right's transfer.And thus restrict the development of relevant business.Due to the large scale of assets,even if a small part of the trust right's transfer,the funding amount is huge.It is urgent need for legislators to regulate the relevant laws and regulations of trust rights' transfer.This article mainly doing research on the trust benefit transfer and its law risk,the comparison of trust benefit transfer of foreign trust,and the legal advice on risk prevention of benefit rights' transfer in Chinese trust.The purpose of writing this article is circumventing legal risks under more efficient and convenient transfer,in order to maintain the stability of the financial market order.