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Research On Legal Regulation Of Rigid Payment Of Trust Investment Products

Posted on:2021-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:B Q JinFull Text:PDF
GTID:2506306197982389Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This paper based on the rigid to honour the trust investment products as the research object,through the analysis of trust products rigid payment difficulties facing legal governance,and product analysis of trust and investment products to honour the legitimacy of rigidity,thus put forward legal governance Suggestions to perfect the trust products rigid to honour,to reduce the rigidity to honour the trust investment products,thus reducing the trust market systemic financial risk.This paper is divided into three parts:The first part mainly analyzes the current difficulties in governing the rigid redemption of trust and investment products at the level of legislation and financial supervision.In legislation,as the top law of the legal relationship of trust,the provisions of the trust law on fiduciary duty and the registration system of trust are not perfect enough,making the governance effect of rigid redemption of trust investment products still not ideal;At the level of supervision,there is still a certain gap between the goal of effective governance of rigid redemption of trust and investment products,no matter it is the concept of supervision,the way of supervision or the relevant supporting measures of supervision.The second part analyzes the legitimacy of rigid redemption of trust investment products from the perspectives of violating the principle of fairness,violating mandatory provisions of laws,violating the nature of fiduciary legal relationship,harming social public interests and violating the principle of anti-unfair competition.The third part mainly from the legislative level and the financial supervision level proposed trust and investment products rigid payment of legal governance Suggestions,in order to reduce the phenomenon of trust products rigid payment,and thereby reduce the negative external risks of the financial market.At the legislative level,the fiduciary duty and the provisions of trust registration should be improved.At the level of financial supervision,we should improve the concept,methods and supporting measures of supervision.
Keywords/Search Tags:Trust, Rigid payment, Fiduciary duty, Financial regulation
PDF Full Text Request
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