Research On Legal Issues Of Shipping Trust Funds In China

The shipping industry plays an important role in ensuring the development of economy.With the "maritime power,strategy and the "Belt and Road" initiative,coupled with the current downturn in the world economic situation,the shipping industry has to face the pressure of transformation and upgrading,as well as the maintenance of the fleet.The development of the shipping industry requires the support of a considerable amount of capital.However,the current financing means of the shipping industry mainly depends on bank loans,and the bank's qualification requirements for shipping companies are getting higher and higher,making it more diffmcult for shipping companies to get loans through banks.Therefore,it is necessary to open up new financing channels to get the funds needed for the development of the shipping industry.This paper attempts to provide new financing channels for shipping companies to obtain financial support by studying shipping trust,a new financing method.At present,there are investments in the shipping field in the trust market of our country,including trust funds that provide funds for shipping companies in the form of loans,and trust funds that purchase and operate on ships.The shipping trust funds for financial leasing business is still in the process of exploration5 but there are already mature cases of financial leasing-type shipping trust funds in the world.In addition,there are trust financing leasing funds with general movable property in China.Therefore,it is also available in China.A trust fund that provides funds to a shipping company through loans does not have special characteristics than the normal trust business,therefore this type of trust funds is not included in the scope of this study.In this paper,the financial leasing-type shipping trust funds for ship financing leasing business and the self-sustaining shipping trust funds for purchasing and operating ships for investment are the subjects of this paper.This paper studies the legal relationship between the parties in the shipping trust funds,and discusses issues such as legal conflicts and legal restrictions in the shipping trust funds,including whether the ship can be seized or auctioned in the shipping trust funds;whether there are violations of the law in the current self-sustaining shipping trust funds,etc.In the end,this paper provides several suggestions for the current aspects of shipping trust funds and the legal system that can be improved.Hoping this paper can help to explore the vague problems in the shipping trust funds and provide ideas for improving the shipping trust funds in the future.