Research On The Transfer Of Beneficial Rights Of Commercial Trusts In China

Trust is a unique legal system originated from Anglo American law system, is the main product of equity law in pursuit of conscience and justice and known for the. The mainland legal system countries into the Anglo American trust system in continental law countries, with their own legal system will have a conflict, though through the development of trust law system design to avoid such conflicts inherent. But it still leads to ambiguity and practice the basic nature of trust among the uncertainty. With the implementation of China's trust law "one law and two regulations", China Commercial Trust entered the stage of rapid development. By the end of 2013 the end of the three quarter of China's trust scale has exceeded $10 mark, become the financial industry of the second large-scale industry. But China's trust in the process of rapid development of these ten years to financing trust business, for driving business opportunities. With the regulatory requirements, and make an inventory of the stock of national financial policy, business competition led to the development of trust business inflection point, the trust company business model has be imperative for sustainable development. The beneficial right of the trust circulation can become trust company in transition of new business growth and has an important role to solve the liquidity risk of the trust company. Promote the trust beneficiary right circulation also helps the trust companies to seek client resources, increase customer stickiness has positive meaning. At the same time for the beneficiary in terms of development of trust beneficiary right transfer helps to improve beneficiary beneficiary right configuration flexibility.This article through to the domestic and foreign trust beneficiary status of transfer of the right to sort out, foreign trust beneficiary right is most countries defined as securities, with high liquidity; but our commercial trust benefits for non standardized credit assets, liquidity is poor, from several commercial trust in our country mainly benefited right circulation way carries on combs, China commercial trust beneficiary right circulation also has a smaller scale, the lack of liquidity, more restricted problem. Because our country commercial the beneficial right of the trust property with foreign commercial trust beneficiary right to define the different nature, basic on the relevant foreign learn less, only from the China commercial trust beneficiary right circulation of practice, puts forward the construction of China commercial trust benefits of multiple transfer mechanism. Construction of China's commercial trust beneficiary right multiple transfer mechanism need good top-level design clear regulatory principles, and improve our commercial trust related laws and regulations, the removal of restrictions on transfer of the right to benefit from China's commercial trust. At the same time China Construction of commercial trust beneficiary right multiple transfer mechanism cannot do without the construction of multi-level commercial trust beneficiary rights transfer market, the author proposes to build trust company counter market as the foundation, the development of the stock exchange market and the national trust beneficiary right market, actively explore the Internet network market multi-level commercial trust beneficiary right circulation market.