Deviation And Return Of Asset Management Trust Attributes

This paper analyzes the concept and type of asset management plan,analyzes and compares the basic legal relationship of asset management plan,and points out that the legal relationship of asset management plan is the core legal problem of asset management plan,which is triggered by "Baowan dispute" The Current Asset Management Product Deviation from Its Trust Attribute.By analyzing the above phenomenon,the important reason is that China's asset management legal system is flawed,especially the trust legal system failed to respond to the financial management of asset management,based on this,to improve China's asset management legal system put forward some thoughts and suggestions.With a view to the practice of help.The article is divided into the following four parts:Part ?:Background presentation and questioning.Briefly introduce the capital operation mode and characteristics of the asset management plan in the "Battle of Baowan",and draw the first and the core question of whether or not the asset management plan of the Bourgeois Asset Management Plan is clear.The law is to answer the law of the asset management plan Positioning.Part ?:Discusses the nature of the trust of asset management.Mainly from the concept of asset management,the main types and asset management of the basic legal relationship between the three aspects of interpretation,and summed up from the relationship between asset management and trust.Part ?:Analyzes the deviation of the current asset management plan from its trust attributes.This paper analyzes the main clauses of the asset management contract of BAO ENERGYOU,and points out that there are some deviations from the trust properties in the three aspects of trust property,trust subject and responsibility subject,and sums up the insufficiency of the legal system of asset management.Part ?:Puts forward the thinking and concrete suggestion of perfecting the legal system construction of asset management in our country.It is necessary to perfect the legal system of trust industry and return to the nature of asset management trust,and to think clearly about the legal nature and status of asset management.Finally,it analyzes and prospects the unified legal system of asset management in China.