Research On The Legal Issues Of The Beneficial Right Of The Trust

The trust system has been adopted by many countries because of its functions of investment,wealth management and financing.The trust law issued in 2001 in China,16 years of development,the trust industry has made gratifying achievements,become neck and neck in the financial sector and securities,insurance,banking,one of the four pillars of sunrise industry.The establishment of trust system plays an important role in promoting national economic growth.In the process of the development of the trust system,the pledge of the beneficial right of the trust has also frequently revealed problems,and the operability and legality of the beneficial right of the trust have aroused wide public concern.Because the liquidity of the beneficial right of the trust satisfies the financing demand of the beneficial right of the trust,it also makes the business of the beneficial right of the trust develop rapidly.However,the absence of system design at the current law and regulation level leads to higher risk of the beneficial right of the trust.There are also great controversies about the connotation of the beneficial right of the trust and the definition of the extension.The right to say,the right to say,the right to mix the right to say such as the definition of the pledge of rights,let the beneficial right of the trust have a great barrier to the liquidity.Although the property law,security law and other laws are about may be out of the pledge right type rules,but with the improving of the level of economic development,accelerating change the way of people's behavior and the lag of law also increasingly prominent.If not accelerate the process of repairing method,clear out the nature and content of sexual rights,just a one-size-fits-all attitude,will inevitably make functional impairment of the trust system,is bound to be constrained market economic behavior.From the point of the judicial practice,because of the lack of related regulations about the trust beneficial right of the pledge system,leading to the beneficial right of the trust in the process of pledge more risk,and the existence of the risk of the beneficial right of the trust behavior have a significant impact on the pledge of all parties.In the current laws and regulations did not make a clear definition to the trust beneficial right of the pledge related problems in the past,we should through the way of reasonable design structure of the deal to protect the legitimate rights and interests of all parties,reduce transaction risk.Therefore,the study on the legal issues of the beneficial right of the trust is of great theoretical significance and practical significance.For the research of the beneficial right of the trust law,this article through five parts,first introduced the basic theory of the beneficial right of the trust as well as the existing problems,including the origin and concept of trust and the beneficial right of the trust,the trust beneficial right of the pledge of typical cases,the problems existing in the trust beneficial right of the pledge;Secondly,the article introduces the nature of the beneficial right of the trust,including three main theories of the beneficial nature of the trust,the beneficial right of the trust under the operation of the trust company in China.This paper introduces the pledge of the beneficial right of the trust,including the kinds of the rights of the pledge and the legal characteristics of the right of the trust,and the analysis of the ability of the beneficial right of the trust in China.Once again,the establishment of the beneficial right of the trust,including the foundation of the beneficial right of the trust,the way of the establishment of the beneficial right of the trust;In the end,the paper introduces the realization of the system of the beneficial right of the trust in China,and summarizes the full text.