Analysis Of Fixed Profit Guarantee Articles In Commissioned Financing

With the development of our national economy and the per capita disposable income, trust management gradually becomes an important investment in our capital markets, as a kind of innovative products. Trust management is in accordance with the spirit of financing innovation. From its functions, the trust management is a high efficiency, low risk, far going scope and great value of investment. But because of fixed profit guarantee articles, the trust investment is always in financial trouble. At present, lacking of crafted, relevant legal provisions and judicial interpretations, lots of courts give different judgment in a similar case, which weak the judicial unity. In this paper, the author analyzes a case of trust investment, neatens the system of the theory of commissioned financing and proposes the corresponding measures in the legislation, justice and surveillance to guarantee the development of commissioned financing.Except from the oration and the epilogue, the author divides this paper into four chapters.The first chapter:a macro description about commissioned financing. Firstly it gives a number of definitions for commissioned financing. Secondly it concludes characters. Thirdly, it discusses the nature of commissioned financing. Fourly it tells the types.The second chapter:the effect of the contract of commissioned financing. In this part, the author analyzes the effect of the contract from the angle of the trust and trustee.The third chapter:the effect of the fixed profit guarantee articles. It introduces the macro description, including the concept,characters. As for the effect of fixed profit guarantee articles, the author supports the school of article inefficacy. In the end, the author gives the disposing ideas.The fourth chapter:In this chapter, the author gives some legislation, judicial and regulatory advice about how to mandate the commissioned financing.