Research On The Legal Issues Of Trust Receipts Under The Trust Theory

Since the receipt of the "Basic Regulations of the Bank of China on International Settlement Business" in 1997,the trust receipt has become the format contract that is most closely related to china's economic development.As the main financing mode in import trade,trust receipt contracts provide financial support for importers who are short of funds,thereby promoting the development of the national economy.In the trust receipt relationship,banks and importers have different rights and obligations,and jointly complete international import trade through financing channels provided by banks.The rights enjoyed by banks in the trust receipt relationship and the obligations borne by the importer are different from the general creditor-debt relationship,and have their own particularities.The research on the rights and obligations enjoyed by the subjects in the trust receipt relationship has a certain reference role for possible disputes,and it also has a certain role in promoting the development of my country's trust system.Focusing on this research purpose,the thesis first discusses the trust receipt process,the court's trial position and the main doctrine,and limits the trust receipt relationship to the trust theory for analysis.Secondly,it discusses the banking business contract involved in the trust receipt relationship,and explains the relationship with the trust receipt contract,such as how the import bills occurred,what is the meaning,and what is the relationship with the trust receipt.Through the above discussion,it is helpful to remove the content of the trust receipt and related but not helpful for the study of the legal relationship of the trust receipt.After comparison and analysis,the characteristics of the trust receipt relationship should be explained by the doctrine of trust.The essence of the trust receipt relationship is a self-benefit trust.As a trustee and beneficiary,the bank grants the importer of the trustee certain authority for the realization of its trust purpose.After determining a reasonable doctrine,analyze the representative cases in the judicial process,summarize the judiciary's judgment position on the trust receipt,and analyze the reasons why the court holds such a position.After confirming the trust system to explain the relationship of trust receipts,the trust system and the existing legal system in my country are discussed in the middle,and the existing problems are raised.These questions are: 1.Whether the dual ownership structure under the trust theory can be applied to our country,what is the essence of the dual ownership;2.What are the rights of the bank in the trust receiptrelationship,and can it fight against a third party;3.Trust Is it necessary to publish the receipt? How is the Anglo-American legal system publicized?;4.whether the trustee aslo has rights in the trust receipt relationship,and how does the Anglo-American country protect the rights of the trustee?With regard to how to resolve the conflict between the trust system and the Chinese legal system,the paper discusses the background and development process of the trust receipt system in the United Kingdom and the United States,and analyzes and summarizes the development of the trust receipt system in the United Kingdom and the United States.Experience has put forward suggestions for the development of China's trust receipt system.First of all,we should avoid tangling over ownership issues.The dual ownership structure is no longer an essential part of the trust system.Secondly,the issue of ownership of trust property can be stipulated after the time is ripe.At present,the best practice is to blur the issue of ownership.Third,the beneficiary right of the bank should have the effect against third parties,which is the original intention of the trust receipt system.Instead,it should be explained by the fundamental property rights system of the Anglo-American legal system,and the establishment of general rules of property rights at the legislative level is recommended to reserve interface clauses for the integration of the trust system in our country.This effect is the original intention of the design of the trust receipt system.Fourth,since the beneficiaries are given effectiveness against third parties,the supporting system of the public notice system has become indispensable,and the public notice system of trust receipts can learn from the existing movable property public notice system.Fifth,the status of the trustee is different from that of the debtor in the general sense.At the same time,it should also pay attention to the necessity of the trustee to enjoy the rights.At the legislative level,full attention should be paid to the special period.Finally,in order to systematically resolve the conflict between the trust receipt system and my country's legal system,property rights should be used as the access clause.It is ideal to establish property rights at the legislative level.Only in this way can the trust receipt relationship be included in the scope of the existing trust laws,so that the trust receipt relationship has a legal basis,and when the legislative and judicial experience is mature,a special law will be made separately from the "Trust Law",and that will develop and strengthen China's trust legal system.