| In recent years,the topic of weak liquidity of trust products has attracted people’s attention,especially that of investors.Both in the theoretical and practical circles,people are actively exploring ways to solve this dilemma,which mainly include the transfer of beneficial rights of trust and pledge of beneficial rights of trust.However,as the transfer of beneficial right of trust is limited by many laws,it is seldom used by people,so financing by pledge of beneficial right of trust becomes the primary choice of most people.Pledge of the beneficial right of the trust is as simple and efficient as pledge of ordinary rights,which is of great significance to the development of economic activities.However,the beneficial right of the trust has not obtained the legal status in China so far,resulting in the related business in practice has not been carried out in a large scope.However,even so,the examples and cases about the pledge of the beneficial right of the trust keep emerging in life,and the lag of the law leads to this embarrassing situation.The practice needs to force the reform of the law,and it is indeed necessary to establish the relevant legal system of the pledge of the beneficial right of the trust.Based on the related basic theory of pledge of the beneficial right of the trust as a starting point,in this paper based on the theory of its existence,and combining the development status in this right in practice,analyze the trust beneficial right of the pledge the problems under the present legal system in our country,and then combined with the actual proposed and the corresponding,feasible countermeasures,in order to can from various dimensions of core problems for the overall control and understanding.It mainly includes the following four parts.The first part starts from the theory,firstly expounds the basic meaning,function and other basic elements of beneficial right of trust,and understands its important significance to investors and investors as well as the development of real economy.Secondly,this paper analyzes the qualitativeness of the legal system of pledge of the beneficial right of trust.The second part takes the existing laws and regulations of China as the starting point to sort out the legislative status of beneficial right of trust in China,and summarizes the operation mode of pledge of beneficial right of trust in practice.Secondly,taking the beneficial right of the trust as the pledge object in the practice ofthe development of the situation,combined with judicial cases to study the system in practice and analyze the possible problems.On the basis of the first two parts,the third part analyzes the legal problems existing in the mode of pledge of beneficial right of trust,including the lack of direct legal basis,the lack of publicity system,the lack of information disclosure system of trust products and a series of problems,and comments on the existing problems one by one.The fourth part focuses on the solution of the problem.Based on the analysis of the legitimacy path of the pledge of the beneficial right of the trust,the effective mode of the pledge and the procedure and condition of the realization of the pledge,the corresponding measures and countermeasures are put forward,and the establishment and realization of the pledge of the beneficial right of the trust are discussed. |
