The Improvement Of The Transfer Of The Trust Beneficial Right In China

Trust as a kind of flexible system which transfer and manage property is widely used in modern market economy.In recent years,trust business develop rapidly,the assets of trust increasing multiply,also the use and service of trust are being boraden.By the end of 2016,the capital scale of 68 trust institution in China has exceeded 20 trillion yuan.As the capital scale increasing lager and lager,our trust business faces a bottleneck that the transfer of the trust beneficial right is difficult in practice.It has become the focus of practice that how to break through the development bottleneck,promote the circulation of the trust beneficial right,and promote the trust business develop healthy and durable development.Since “the PRC Trust Law” was promulgated and implemented in 2001,the trust registration system has been absent.Under the background that the circulation of the trust beneficial right lack the secondary market,the transfer of the trust beneficial right meets a lot of obstacles in practice,and building the trust registration system is considered to be one of the effective ways to breakthrough the development bottleneck.Therefore,in this paper,by taking the trust registration system as the breakthrough point,I try to explore the legal issues of perfecting the transfer of the trust beneficial right,in order to promote the healthy development of trust business.The dissertation consists of four part.Part One: This is a brief introduction to current development situation of the trust business in our country.First of all,the author introduce that the large capital scale of trust business and the pressure of rigid redemption promotes the urgency of the transfer of the trust beneficial right,but the trust registration,which is one of the effective way to establish a standardized secondary market for trust,only stays in regional trial stage.The unified national trust registration system is in great need of perfection both in the law and in practice.Part Two: This part analyzes the feasibility of the transfer of the trust beneficial right.In terms of content,the beneficial right includes property rights and non-property rights;Based on the analysis and summary the discussion in Anglo-American law system and continental law system about the nature of the trust beneficial right,it is concluded that should take in the property right as the center,and the trust beneficial right is located to obligatory right;The transfer of the beneficial rights,as the special claims,shall be subject to certain conditions and subject to the current laws and regulations.Part Three: This is an introduction of the reality of the transfer of the trust beneficial right in our country.The author summarized the three main ways of the transfer of the trust beneficial right in current trust practice in our country,and analyzed the major obstacles that the transfer is facing in our country in the current legal compliance and judicial practice.Part Four: This part explores the method of improving the transfer of the trust beneficial right by taking the trust registration system as the the enter key.First,the specific content and the transaction information of the trust beneficial right could be public through being registered.Secondly,the author put forward the effective rules of the trust registration in our country through comparative study of effectiveness of the trust registration in Anglo-American law system and continental law system countries and analysis of the current situation of our country.Trust registration should be established by legislation,the author finally analyses the legislation mode of the trust registration that should be adopted in our country,the trust registration legislation can also helps to breakthrough the limitation of the assignee in the transaction of the trust beneficial right in present legal criterion.