A Research On The Legal Nature Of Income Right Trust

With the booming development of the market,all kinds of innovative financial are invented to meet the needs of the market.In recent years,the trust financing of the income rights has been paid more and more attention.With financial innovation,all kinds of financial disputes are also endless.Because of its unique legal nature,trust financing of the income rights win the market's favor.Because the legislature did not make detailed regulations on this model,resulting that it become a mean to avoid financial supervision.Meanwhile,because of the lack of a unified standard of judgment,the courts at all levels may make unified judgment.There is a large risk of uncertainty.Last year,the Supreme Law published a case of the bulletin,analyzing the determinism of the trust property of the asset return right trust.It provided guidance for future similar cases.Therefore,this article analyized the legal basis and legal nature of the income right trust of the assets.This paper is divided into three chapters.The first chapter introduces the background of the case of trust dispute —— "Shi Xin Rong He Investment Management Co.,Ltd.Sued Chang'an International Trust Co.,Ltd".Based on the reasons of the Supreme Court's judgment,the writer puts forward the realistic problems faced by the trust of assets.The second chapter is about analyzing the main causes of the above problems and solutions through further exploration.The third chapter is through the analysis of the case,looking for the lack of legislation,analyzing the consequences of the lack of legislation.From a big picture of view,the writer put forward his own opinion about the game bewten financial innovation and financial regulation.