Research On The Legal Issues Of Pledge Of Trust Beneficiary Rights

Because of the outstanding function of the trust system in property management, financing, investment and financing, the trust system has been adopted by many countries in the world. Our country since 2001 promulgated the "trust law", the trust industry has made considerable progress, along with banking, insurance, securities industry as Chinese financial sector is one of the four pillar industries of other financial institutions play an irreplaceable role in the national economy. However, in the rapid development of trust industry at the same time, the problem of the lack of liquidity of the right to benefit trust has become increasingly prominent, and the problem of liquidity has become a bottleneck restricting the further development of the trust industry. To this end, each trust companies continue to explore the effective way to improve the liquidity of the right to benefit trust in practice, the right to benefit from the trust is one of the right to benefit. But because of the beneficial right of the trust pledge by the "legal principle" is limited, the lack of legal basis and the relevant supporting system, although the trust company in different forms for the beneficial right of the trust pledge business, is facing great risks, unable to effectively protect the rights and interests of relevant parties, so the practice can not be the way to market to carry out large-scale. Therefore, it is necessary to discuss the feasibility and necessity of the pledge of the right to benefit, and on this basis, it puts forward the ways and measures to improve the pledge of the beneficial right of the trust, which is the purpose of this study.This article from the theoretical basis of the beneficial right of the trust of the first demonstration of legality of trust beneficiary right pledge, the beneficial right of the trust property, transferability, and suitable for the quality, therefore the beneficial right of the trust can be used as the object of the pledge of rights, which needs to be solved is how to pledge the beneficial right of the trust publicity problem. Based on the demonstration of the beneficial right of the trust pledge of the experience, combined with the author and the current China Trust Industry trust beneficiary right pledge status and existing problems, put forward to establish and perfect the effective ways to solve the problems and the related system, with a view from the angle of practice, a practical scheme pledge to provide the beneficial right of the trust system.