Research On The Legal Issues Of Equity Income Trust

As a kind of trust product,the trust of right to equity gains is a commercial system where practice precedes existence and then promotes theoretical and legislative research.Since its emergence in 2002,the trust of right to equity gains has developed rapidly with its indomitable vitality and advantages in responding to demands,which has pushed forward the research on the trust system of right to equity gains in the theoretical circle in a reverse way.About equity earnings trust system at present,the legislation is still a blank,theoretical research also has many controversial,but at the beginning in 2016,has been related to equity earnings fiduciary judicial case,through the research on the judicial case,focus on the needs of reality,the analysis of legal problems of the equity earnings of the trust,in order to make up the theoretical defects,and more in line with the actual system consummation Suggestions are put forward.The thesis is divided into three parts: introduction,text and conclusion.The text includes the following four chapters:The first chapter is the overview of equity usufruct trust,introduces the meaning of equity usufruct trust,differentiates equity usufruct trust and related concepts,analyzes the function of equity usufruct trust,and discusses the rationality of equity usufruct trust as trust property.The second chapter analyzes the legal relationship of the trust of equity usufruct,based on the analysis of judicial cases,analyzes the legal relationship between the parties,as well as the rights and obligations they enjoy in their respective legal relationship.The third chapter analyzes the status quo and legal issues of the trust of equity usufruct,from the legislative and judicial perspectives.This includes the current situation of legislation and the legitimacy of equity usufruct trust.The judicial analysis of equity usufruct trust is the focus,and the problems existing in the collected effective judicial cases are extracted,classified and discussed.The fourth chapter puts forward Suggestions on the regulation and improvement of legal issues concerning trust of equity usufruct,mainly aiming at the legal issues put forward in the third chapter.The last part is the conclusion.As a member of many innovative financial systems,equity usufruct trust thrives because of its functions such as convenient financing,retaining corporate control,improving equity use efficiency and even investment.But,the lack of a solid theoretical foundation and blank legislation system,the uncertainty makes equity earnings trust faces many legal risks,therefore,by studying the legal problems in the usufruct system of trust of stock,to provide ideas to establish the legal system,make the system not only can play many other functions,can safeguard the interests of the parties subject again.