Study On The Legal Protection Of Beneficial Right Of Consumption Trust

At present,there are some problems in China's consumer trust products.For example,the regulatory authorities have not established relevant regulatory systems,the existing rules and regulations cannot keep up with the iterative update of products,and some products are not scientifically operated.Comparing the current domestic trust laws with the trust laws of the Anglo-American legal system and other countries in the civil law system,and sorting out various products of consumer trusts placed in the market,the author finds that the current consumer trust products on the market are insufficiently protected for their beneficial rights.The current legislation of China's trust system can no longer guarantee the smooth realization of its beneficiary rights in the practice of consumer trust.At the same time,in the text of the consumer trust contract,some trust companies are the subject of trust but fail to fulfill the responsibility of protecting consumer rights,and this is The loss to the beneficiary is large,and the continued failure to ensure the long-term development of consumer trust.Based on the above-mentioned various theories,based on the specific theory and comprehensive related cases,this paper gives relevant opinions and suggestions to help the development of consumer trusts and promote the progress of the domestic trust industry.This paper starts with the definition and classification of consumer trusts,lists nearly ten product cases,and explains the basic principles and transaction structure of consumer trust products.Clearly sort out the subject object and its main contents under the consumer trust,and finally make further research on the main characteristics of the consumer trust.Consumer trust is a new trust model in which the consumer trust sponsors raise funds from the principals based on consumer rights and conduct comprehensive management through third-party trust institutions.In fact,in addition to the coupons and coupons commonly used in the past,the interests of consumer trusts can also bring some star privilege benefits,which can be expressed in a variety of ways,including not only services and real estate,but also movable property.Moreover,the consumer trust is not only a simple product delivery problem in the content of the beneficiary rights,but also meets the diversified needs of the market with a scientific and free financial management method through the trust plan.From the three perspectives of principal,trustee and beneficiary,this paper introducesthe legislative provisions on the legal protection of trust beneficiary rights in the Anglo-American legal system and civil law countries or regions,and compares the characteristics of rights and obligations in the trust beneficiary system in China.Combined with the characteristics of high flexibility and diverse forms of consumer trust,this paper summarizes the enlightenment of foreign legislation on the protection of China's consumer trust beneficiary rights.The whole process of trust legal relationship should involve the protection of trust beneficiary rights,which is also the key to the system.Considering that consumer trusts are a kind of financial innovation tool,there are many models.In actual life,some trustees may deal with the trust property according to the trust materials,but there is no damage to the trust property due to personal reasons.In the other case,even if the consumer trust's product appears to be managed by the trust's trustee,it is only a connection,and it is actually operated by a third party;or the trust interest cannot be fulfilled because of market reasons.In other words,if it is not because the trustee violates the trust property damage caused by the trust,the responsibility of protecting the beneficial rights of the consumer trust is completely biased to the trustee,and the responsibility of the trustee is still not enough for the trustee.fair.We should explore the distribution of responsibilities of various entities in the protection of the beneficial rights of consumer trusts,and truly implement the responsibility for the protection of the rights of consumer trusts.Under the existing trust law system,the core legal issues existing in the protection system of beneficiary rights in consumer trust practice are elaborated.The author focuses on the transaction structure related to consumer trusts.The main content of the current protection of the beneficial rights of consumer trusts in China,the so-called consumer trusts,is to achieve consumer rights.Theoretically speaking,this right is regarded as the key to the consumer trust.However,in the actual operation process,the trust enterprise as the trustee does not need to bear the relevant responsibility for the right.In some trust contracts,it also stipulates that the trust The company is not responsible for this right.In addition,the provisions on the beneficiary rights of China's trust law system are too singular and cannot be fully applied to the issue of consumer rights related to consumer trusts.From a certain point of view,since the sponsor of the consumer trust is not willing to bear the relevant legal responsibilities,the content of the beneficial rights of the consumer trust is compressed,thereby transferring the trustee's trustee's responsibility that can really help the beneficiary right.The main body of the consumer trust beneficiaryor the consumer rights provider.From the fundamental level of analysis and development,China's current laws have no relevant regulations for such products,especially the system with the protection of beneficiary rights as the core has not been established,which greatly enhances the probability that consumer trust enterprises will transfer their own risks to the outside..With regard to the problems mentioned above,relevant countermeasures are given for the protection of the beneficial rights of consumer trusts.First,the rules that need to be complied with are stipulated,and the trustee of the consumer trust must be responsible for protecting the liability of the beneficiary of the trust,and clarify the specific responsibility content.At the same time,ensure the existence of the trust legal relationship.The protection of the beneficiary rights of the trust,not just the transfer to the trustee,the subject of consumer rights,such as consumer trust property and trust,also bears relevant responsibilities.The content of the last part of the article summarizes and combs the full text.It is believed that the development of consumer trust is far-reaching and important because of the current economic market environment.The most important thing is to establish relevant mechanism protection and pay attention to protection benefits in the industry.The right to maintain the mechanism of the consumer trust is designed to ensure the long-term sustainable development of the content.