The Study On The Legal Problems Of C-REITs

Real estate investment trust, a kind of real estate finance products which has developed maturely on the international, has been formally introduced into our country. At this time, it is the most important thing to research its legal problems, which is in order to protect the interests of investors. This paper will discuss with this in order to establish China's real estate investment trust supervision system. Therefore, this paper will be divided into six parts:The first part is the preface, this part will introduce the study background and research significance.The second part will introduce the basic legal theory of real estate investment trusts, including the concept, the legal nature, the legal characteristics, types, and organization form etc,. This part will make a brief introduction to real estate investment trust.The third part introduced the foreign real estate investment trust, in order to make a reference to Chinese real estate investment trust. In this section, this paper firstly introduce real estate investment trust in the United States and Asian countries. America as the birthplace of real estate investment trust, has perfect laws, regulations and supervision system and it will provide a good reference for China. Asian countries introduced real estate investment trust from America and improved according to their own situation. It will also provide reference for us.The fourth part introduced the regulatory status and problems of Chinese real estate investment trust. This paper summarizes the contradictions between Chinese real estate investment trust and current tax law, trust law, the securities law etc.The fifth part proposed the solutions to the contradictions between Chinese real estate investment trust and current tax law, trust law, the securities law etc. It suggests that real estate investment trusts enjoy preferential tax treatment, trade publicly in the stock market, and supervise by the CSRC.The sixth part made a summary to the point of this article. CSRC supervises real estate investment trust, in order to protect investors interests and manage real estate investment trust.