A Legal Research On Improving The Legal System Of Trust-Bank Financing Cooperation Business

Banks cooperate with trust to invest in financial products business 1s a combination of financial management and trust plan,It is a prodect of commercial banks to use the trust company to find project and of the trust company to use the commercial bank's passenger source,which is beneficial to the banks to better use their funds,and also helps the trust companies to survive better in the difficult environment of the financial industry.It is a pioneering move for financial innovation.In fact,it is a mode of investment trust plan of bank financial management plan,which combines financial management plan with trust plan,and is not a single legal act.Although the subject of legal relationship only involves tripartite parties of commercial banks,trust companies and clients(investors),However,Although under the supervision of the Banking Insurance Regulatory Commission,due to the different legal relationship between financial management plan and trust plan,and the current legal supervision system of separate operation and supervision,commercial banks and trust companies belong to different legal supervision systems.There are many differences in the design of specific regulatory systems,resulting in continuous litigation in legal practice.This paper analyzes the legal relationship of financial cooperation between Bank and Trust Company through specific cases,and puts forward a new look at the current regulatory system by analyzing the problems of confusion of regulatory regulations,multi-door administration,unclear power and responsibility,and unreasonable regulatory content.The following proposals are put forward.The first is to re-examine the current regulatory system,change institutional supervision into functional supervision and behavioral supervision,formulate the Trust Regulations,and unify all asset management businesses under the same regulatory rules,so as to prevent regulatory arbitrage problems caused by the inconsistency of the system.Second,we should clearly define the rights and responsibilities of the parties concerned.This paper considers that bank financial planning is a kind of asset management business in nature.It should formulate the same rules according to the same nature of behavior,and implement the financial products to formulate the supervision plan according to the same supervision system.The third is to improve the specific content,including the identification of qualified investors,information disclosure and beneficiary Congress system.Only in this way can we distinguish the boundary of supervision,clarify the rights and responsibilities,and avoid the emergence of regulatory arbitrage and regulatory gaps.This article focuses on both practice and theory.In terms of practice,this article closely combines the promulgation and implementation of regulatory rules of regulatory agencies,and makes recommendations for a series of rules promulgated by regulatory agencies.In terms of theory,starting from the trust theory,drawing on the advanced experience of foreign countries,based on the effectiveness of the cooperation of bank and trust companies,the article comprehensively analyzes the supervision of large-capital management.