An Analysis Of The Legal Issues Of Insurance Trusts In China

In the post financial crisis era,the competition of financial field is increasingly fierce,and more and more financial innovation is appearing.Under the background of the continuous integration of global economy and finance,China's financial industry has been actively learning from foreign financial models and new business,which has injected new vigor into our financial sector.After the 18 th National Congress,China has set the general tone that the market plays a decisive role in China's economic development.With the continuous development and perfection of market economy,the cross financial business is increasing,such as financial Asset Trust,collective entrusted financial plan,securities investment trust plan and so on,insurance trust is also a kind of cross financial business.In 2014,China appeared the first insurance trust products,and the scale is more and more large,even at the end of 2017 has more than 5 billion RMB.But the gap of China's insurance trust business is very large,comparing with foreign countries.Not only late start,and there is no relatively mature market and legal environment,which is detrimental to the development of insurance trust in China.This paper intends to analyze the legal obstacles in the development of insurance trust in our country,and draw reference from the mature system abroad,and put forward corresponding suggestions and thoughts,hoping to make modest contribution to the development of insurance trust in our country.This paper is divided into four major parts:The first part is about the general theory of Insurance Trust.This part explains the basic concept,legal relation,category and development of Insurance trust,which is the necessary background knowledge and theoretical support to study the legal problems faced by insurance trust in our country.The second part elaborates the present state of the Insurance Fund trust in our country and the system flaw.According to the current legislative situation of our country,this part this paper analyzes the deficiency of the insurance trust in our country,the predicament of the industry operation,the imperfect of the rights and obligations of the parties and the lack of supervision,and analyzes the specific legal problems faced by the insurance trust in our country from different aspects,which is the key part of this thesis.The third part is the practice investigation and experience reference of the Extraterritorial Insurance Fund Trust.This part examines the legislation,operation and supervision of insurance trust in three countries or regions in the United States,Japan and Taiwan,and puts forward some experiences for reference in accordance with the legal system and social environment of different countries.It is an important reference for this paper to put forward legal suggestions and thinking.The fourth part is the legal suggestion and thinking about the development of the insurance fund in our country.Based on the experience of foreign countries,this part puts forward some suggestions which are suitable for our country's market and legal environment,and puts forward different perfect ideas for different problems.This part is the final purpose of this paper,through which we hope to provide a feasible reference for the settlement of the legal problems faced by the insurance trust in our country in practice.