Legal Research On The Equity Trust Dispute Case Between Tiance Company And Weijie Company

With the vertical development of market economy,the application of trust is also more extensive.As a special trust model,equity trust is an extension of the trust system in the aspect of equity.It is common in the practice of companies and has great potential advantages.However,due to the late start of China’s equity trust system,there is still an obvious lag in the construction of equity trust legal system,and relevant laws and regulations are not logical enough.At present mainly in the system compared with western countries,the development mode of equity trust that is most suitable for China’s current situation has not been excavated from a deeper perspective.In addition,the dispute about equity trust in practice is less,so that relevant experience is lacking,resulting in the dispute of equity trust is hard to get proper and effective solution.Once the equity trust dispute occurs,it is difficult to form an authoritative and persuasive solution.It also shows that the study of the equity trust system has important theoretical and practical significance to solve the disputes in the field of equity trust and promote the prosperity and orderly development of the trust industry.At the same time,the establishment of the equity trust system also gave birth to the concept of "hidden investment".The research on the equity trust system often involves the protection of the rights of the hidden shareholders and the legal regulation of the nominal shareholders,etc,which is also conducive to better regulating the legal relationship of the hidden investment.Based on the case of the equity trust dispute between Tiance company and Weijie company,this paper analyzes and studies the equity trust system in China from the perspectives of the effectiveness of the trust agreement,the termination of the trust and the equity change,so as to summarize the experience of the practice of the trust system in China and provide materials for theoretical research.The research of this case is divided into four parts.The first part introduces the specific case of Tiance company and Weijie company’s equity trust dispute,and puts forward three focus issues,namely the effectiveness of the equity trust agreement,whether the equity trust is terminated,the feasibility of the equity change and matters for attention.The second part analyzes the effectiveness of the contract from the aspects of the establishment requirements of the contract and the provisions of article 52 of the contract law,and focuses on the violation of departmental rules and regulations and damage to the social public interests.Then,it puts forward the author’s opinion on the effectiveness of the equity trust agreement in this case.The third part discusses the termination of the equity trust agreement,mainly from the perspective of the reasons for the termination,the legal effect of the termination,and then discusses whether the equity trust should be terminated.The fourth part mainly analyzes the feasibility of equity change,and puts forward the relevant matters needing attention.