Legal Issues Analysis Of The Business Trust Disputes Between China Everbright Bank And Anxin Trust Company

Cooperation between trust and banking is a financial business which based on separated operation and encourage innovation of financial policy.The trust company release trust plan in accordance with loan projects that lender need,and the bank design financial products to sale to investors,and raise money give to trust company to management,administration,treat.Because of this legal relationship is complex and just arisen,those legal level in our country is not high,and the conflict is clear,even exist blank area.This gives the actual operational risks and challenges.The business trust dispute between Taiyuan branch of China Everbright Bank and Anxin Trust company is a typical case.The dispute between Taiyuan branch of China Everbright Bank and Anxin Trust Company about business trust over the first instance and second instance and retrial.It has great controversy.Court summarized the focus of controversy focused on the effectiveness of the trust contract,whether the Anxin company violated terms of the legal nature of the relationship of trust management duties,eligibility of the plaintiff and legal responsibility.Qualitative of legal relationship is the primary problem of case treatment,so this article analysis the legal relationship between China Everbright Bank and customers and Anxin Trust Company.Combined with the facts that the case constitutes a "complex trust" relationship,we should clarify the rights and responsibility between the parties by substance of the trust.Another controversy surrounding the validity of the trust contract,this article from the violations of law,the purpose of the contract,the negative trust to analyze,and affirmed the validity of the trust contract.Aimed at the trust responsibility of the failure of the trust plan,this paper according to trust law to identify it is legal or not,which trust law has not stipulated or ambiguous,the author from the contract law,tort law and other department law to find legal basis.Follow the "good management obligation" for the trustee,the Anxin Trust Company constitutes a violation of this obligation,and shall return the trust property in breach of trust management duties within the scope of the fault of the liable for damages.China Everbright Bank needs to take responsibility because of misappropriation of trust funds leaving the client harmed,and return of the trust funds and assume responsibility for the damages.In this case as a typical finance case of cooperation between banks and trust companies,the legal issues in the case shows embarrassment status of China's financial industry in the face of financial innovation.Conduct specific issues involved in the case specific analysis,thinking financial regulatory philosophy,regulatory means,legislative technology and judicial philosophy to promote banks and trusts companies to play together,to promote reform and innovation of the financial system.