Research On The Legal Issues Of The Transfer Of Trust Beneficiary Rights In China

Before the trust law for the establishment of trust industry development in our country,on October 1,2001 since the implementation of the law of the People's Republic of China trust law,trust industry in our country has been developing by leaps and bounds.According to the data provided by the trustee association shows that by the end of 2016,China's trust industry is close to 20.2 trillion yuan worth of money.If able to make full use of the money on such a grand scale,make its flow into the financial markets,realize its value of funds,the progress of the real economy of our country and have a profound impact on the development of trust system.But the reality is,trust products circulation in our country is not smooth.Based on the establishment of the trust plan of flow at present such as the beneficial right of property rights and obstacles,such as at the legislative level,the trust law in China has been expressly provides for the beneficial right of the trust can transfer,but for the details of the beneficial right of the trust transfer method,operation process,etc are not provided,the nature of the beneficial right of the trust can not be sure that can't be sure whether the beneficial right of the trust can pledge the rights transfer and the relevant supporting system in a state of loss;In the practical level,there is no unified scale of the beneficial right of the trust of the market,there is no perfect information disclosure platform.Based on the above problems will cause the beneficial right of the trust could not be fully flow,which can not give full play to the function of the trust system.In the United States,Japan and Taiwan of the beneficial right of the trust circulation system design are relatively perfect,some of their legislative experience and related supporting system construction to absorb in our country.This article through to the trust the asset management system in the United States,Japan and Taiwan area in our country the application situation of the research and thinking,with the reality of the beneficial right of the trust circulation in our country,puts forward the Suggestions to perfect the system,mainly include the following:to make clear the property of the beneficial right of the trust and to pledge,perfecting the system of trust registration,and the trust supervisor system and other supporting system,build the beneficial right of the trust market and perfect the information disclosure platform,etc.