The Research On The Legal Issues Of Circulation Of Trust Beneficiary In The Internet Field

The huge trust assets scale and the large exchange demand of the holder Lead to the transfer of the beneficial right of the trust.but because of lack of flow of the beneficial right of the trust,it has become a big obstacle to business transformation.The reasons in illiquid of the beneficial right of the trust are : lack of complete trust registration system and the beneficial right of the trust of the unified secondary circulation market,the lack of unified risk rating system,information disclosure system,product pricing,rating system are not standardized,and the beneficial right of the trust of the split transfer of limited,the pledge and the lack of publicity system.With the rise of the FinTech,the advantage of Internet technologies makes more possibility for the transfer of the beneficial right of the trust.There are three major transfer patterns of the transfer of beneficial right of the trust in the Internet era,respectively: direct transfer,the beneficial right of the trust beneficial right of the trust pledge financing and the beneficial right of the trust assets securitization.This article through the analysis of the case in combination with the current laws and regulations,explore the beneficial right of the trust legal issues in he Internet horizon,,and put forward their own solutions.Such as,trust product registration information system should be established in order to explore the beneficial right of the trust circulation,it would promote the mobility of trust products,promote the trust industry transformation,establishing a unified the beneficial right of the trust trading platform is necessary,and Solve some legal issues of the beneficial right of the trust transfer,fill the legal loopholes and so on.This dissertation consists of five parts.The first part is talking about the background of the beneficial right of the trust development under the background of Internet financial and the significance of research on transfer the beneficial right of the trust in the Internet.Then analyses the beneficial right of the trust in the Internet era of flow pattern at home and abroad research situation,according to the practice of Internet platform for the exploration of the beneficial right of the trust circulation,puts forward the problems for study.The second part is a brief introduction of trust beneficiary right and the relevant theory.including the trust legal relationship,the trust property and the trust property,the definition and nature of the beneficial right of the trust,beneficial right and usufruct of distinction,theoretical basis for the later research.The third part through the beneficial right of the trust in the Internet era of circulation mode of case analysis,find out several typical cases of legal issues and compliance for the study of the common problems.In the fourth part is to explore the Internet horizon of the beneficial right of the trust law,including the beneficial right of the attitude restrictions in law and regulation,and the lack of a complete system of the beneficial right of the trust transfer and the limitation of the Internet financial platform development business.The fifth part is how to solve legal issues of the beneficial right of the trust circulation in Internet horizon,and put forward some reasonable countermeasures.