Research On Legal System Of State-owned Equity Trust

The transformation of state-owned enterprises into a shareholding system,the state’s management of state-owned enterprises has changed from the previous way of granting management rights to equity management by means of shareholders.Therefore,how to exercise state-owned equity and realize the preservation and appreciation of state-owned assets has become a major problem faced by state-owned enterprises.By learning the mature trust system of British and American countries and learning from the experience of foreign trust system and China’s state-owned equity trust system,it can promote the proper and effective exercise of state-owned equity.However,the core content of the construction of state-owned equity trust system is the separation of shareholders’ rights and powers.The trustee will transfer the shareholder’s rights to the trustee for management and disposal.The proceeds will be obtained by the beneficiaries,and the management rights and beneficiary rights of the equity will be separated.This design system for the exercise of state-owned shares by trust has opened up a new path for the exercise of state-owned shares.The purpose of this paper is to introduce the current situation and existing problems of China’s state-owned equity trusts,learn from the experience of the United States and the United States and other countries to build China’s state-owned equity trust system,constantly improve the corresponding legal system,establish a trustee selection system,an independent supervision system and improve state-owned equity.The trust registration system is multi-pronged and comprehensively constrained to better realize the institutional functions of state-owned equity trusts.This paper mainly contains three parts: introduction,body and conclusion.The body part is divided into the following four chapters:The first chapter is the basic theoretical part of the state-owned equity trust.This chapter elaborates on the concept of state-owned equity and state-owned equity trusts,and summarizes the three characteristics of state-owned equity trusts: the separation of shareholder rights of state-owned equity trusts,the independence of trust property and the fiduciary duty of trustees.Through the overview of the basic theory of state-owned equitytrusts,this paper analyzes the value orientation of security,freedom and efficiency of state-owned equity trusts,and provides a feasible theoretical basis for the construction of China’s state-owned equity trust system.The second chapter is the current situation and existing problems of China’s state-owned equity trust system.At present,China’s legislation is not perfect.There is no special legislation on the state-owned equity trust system.In the process of exercising,there are also many problems such as excessive administrative intervention and “inside people” control issues.In order to promote the safe and effective exercise of state-owned equity,there are It is necessary to establish a state-owned equity trust system to solve these problems.It is possible to establish a state-owned equity trust system by perfecting the real trust legal system and theoretical support.The third chapter is about the status quo and enlightenment of foreign equity trust system.Learning and learning from foreign equity trusts,the development of China’s state-owned equity trust system has become a top priority.This chapter mainly introduces the British Trust Law,the American Voting Rights Trust and Japan’s "Debt Theory" theory.In order to solve the problems in the exercise of China’s state-owned shares,China draws on the foreign equity trust system and establishes a state-owned equity trust system in line with China’s national conditions.The fourth chapter is how to construct the legal system of state-owned equity trusts.This chapter is the research focus.From the current legislative status of state-owned equity,the documents that can have legal effect on state-owned equity trusts are still blank.Therefore,this chapter mainly constructs the legal system of state-owned equity trusts from three aspects,which respectively clarify the rights of trustees.And the obligation,improve the trust supervision system and build a state-owned equity registration system,and further promote the study of China’s state-owned equity trust legal system by constructing trusts.At present,the lack of the legal system of state-owned equity trusts in China,the lack of theory and the lack of practical experience are all problems faced by state-owned equity trusts.In order to overcome various problems and make the state-owned equity trust develop smoothly,it is necessary to solve these thorny problems,thus ensuring that the state-ownedequity trust system becomes an effective way for the exercise of state-owned shares in China.