Entrust Financial Contract Research Some Practice

With China's rapid economic growth, social wealth has increased, more and more idle funds, the capital market and develop rapidly, a new type of investment entrust conduct financial transactions in this context arises at the historic moment and rapid development, market participation and social attention is increasing. But entrusts financing is a new type of financial investment way, in China is still not a specifically targeted at entrust conduct financial transactions, according to the laws and regulations of the entrusted financial legislation is almost in blank stage. Theoretical research to it is just start, because this subject is less, treatises on the research category, belonging to frontier for reference material is not much. But in view of the new type of asset investment way, and have the rationality of the existence of the possibility of sustainable development, therefore, to study and analysis of the realistic meanings. This thesis attempts to current entrust conduct financial transactions generally legal issues, combining with the summary and analysis in China at present the entrusted financial deficiencies in the current legal conflicts and legal risk, cautious proposed own superficial opinions.In this paper the basic problem by entrust conduct financial transactions entrusted financial contract, the nature of the legal relation and similar system comparison, entrust conduct financial transactions of the entrusted financial terms, capped whereas the entity processing contract investment loss problem four parts. Youbiaojili, starting on the paper analysed the entrusted financial legal problems.The first part is the basic problems of the entrust conduct financial transactions to entrust conduct financial transactions, first identified the concept to entrust conduct financial transactions, the case after the legal characteristics is discussed in this paper. This section through the existing four entrust financial analysis, the definition of its characteristic and the insufficiency, compared to the principal categories, from the category, the entrusted party entrusted finance mark, to entrust conduct financial transactions, income security, service mode, the category of information disclosure of entrust conduct financial transactions on the characteristics of the detail description.The second part to entrust financial contract with similar legal relation nature and comparison of current system of legal relation of entrusted financial contract no specific belongs to a kind of legal relationships, so this part is that the theoretical study and analysis of focus. Through the comparative analysis, it is concluded that the legal methods entrusted financial legal relation with trust, lending, the trustee-trader, principal-agent, private funds, and the characteristics of legal relationship with comparison, therefore, in the long run, Suggestions to improve and solve through legislation such contract complexity and particularity.The third part is the entrust financial contract terms in this problem, capped whereas part of the causes of capped whereas terms, forms and effectiveness were expounded. For the legal validity of academia capped whereas the terms were sure said, denial says, limited admit three kind of saying, from civil law basic principle, legal system, market economic system for Angle consideration limited admitted at general theory.The fourth part to entrust financial contract investment loss, the entity processing to entrust the specific treatment method of financial losses, divided into entrust financial contract valid and invalid two kinds of circumstances are discussed, respectively in contract effective case, from income distribution, remuneration, liability share the three aspects of the principal and be divided between the principal responsibility; Under the condition of the contract shall be invalid, contract is null and void and losses from causal relationship between of whether there is discussed, respectively.Epilogue parts were summarized, reiterated entrust financial system realism and importance, perfecting entrust conduct financial transactions system is more urgency and realistic significance.Through this article paper, hoping to a view to play a valuable role, trying to China's market economy construction business and legal person some enlightenments hoping China entrust financial management business can go in front of the world.