Research On The Legal Regulation Of Consumer Trust In China

Mainland consumer trusts were born out of prepaid trusts in Taiwan.As one of the main directions for the transformation of China's trust industry,consumer trusts were the first to test water in 2013,and they were then buoyed by the trust industry.Consumer trust products of various kinds came into being.Based on the dual trust purpose of consumption and wealth management,the client can freely choose different consumer trust products for investment as if it was a convenience supermarket.As a special legal system arrangement,trusts naturally have the effect of bankruptcy risk isolation.Different from the "double ownership" of Anglo-American law countries,the separation of trust property use rights and ownership is its most distinctive design highlight,but it is also a controversial theoretical hotspot.The consumer trust legal relationship contains two kinds of consumer legal relationship and trust legal relationship,and it also naturally has institutional advantages and theoretical disputes of the trust system itself.As a unique legal arrangement,the development of its business is inseparable from the specification of the rights and obligations of the tripartite entity.Therefore,this article also proceeds from the principles of trust law and analyzes the legal relationship in the trust model.This article believes that it has the nature of commercial trust and civil trust,but at the same time it also serves as a kind of transaction management trust,emphasizing the realization of the consumer's rights and interests.Due to the complexity of the purpose of the trust,the consumer trust right has become a kind of property that possesses both the property rights and the claims.Based on the operation model and case analysis of consumer trusts in the Mainland of China,combined with the essential characteristics of consumer trusts,it demonstrates the institutional value and functional advantages of consumer trusts in protecting prepaid consumer rights.Then he focuses on the institutional barriers in practical operations from the perspective of trust law theory,and further considers possible legal risks in its operation.The foothold of this article lies in the three levels of legislation,supervision mechanism,and risk prevention and control.Through the analysis of the domestic status quo and the comparative study of the extraterritorial legal system,we also draw lessons from these three levels of legislation.In legislation,the main point of this paper is that the amendments to the trust legislation in the future should clarify the fiduciary's civil liability,distinguish the rights of consumer trust beneficiaries and trustors,and increase the transfer of trust beneficial rights in the "Registration Measures for Trust Registration." In addition,based on consumerism of consumer trusts,the scope of application of the Consumer Protection Law should also be appropriately extended.In terms of monitoring mechanisms,this paper believes that it is possible to learn from Japan's practice and establish the court's qualifications as a trust monitor.In terms of risk prevention and control,this paper believes that a multi-level performance guarantee mechanism should be established and the mechanism for admission of consumer trusts and the withdrawal of beneficiary rights should be strictly controlled.However,due to the lack of relevant domestic judicial decisions,there are still deficiencies in empirical analysis in this study.