The System Building Of Financial Trust Supervision

The trust—entrusted by someone and manages his property, is becoming more and more popular that exists everywhere of our human being's life, and occupies a more and more important position in china's financial market. Under the current law frame, because of its professional peculiarity, the trust organization can be active in every field of the financial market, and be entrusted to conduct security investment and real investment, and so on. Just as well, the trust industry should be in the charge of different regulatory authorizes when it is run in different financial institution, which causes problems that many rules come out to regulate trust and the standards are also different. Based on the special current situation of our country's trust supervision, this article tries to make use of the comparison about the relevant systems between different countries and get some conclusions, in order to provide some practical rules and solutions to improve the supervision system by observing this system completely and analyzing the basic problems. Besides the introduction and conclusion, this article will be elaborated in four chapters below.The first chapter is going to review the basic concepts in the trust supervision system. First of all, beginning with the concept of trust, this chapter will elicit necessity of the trust supervision. By comparing the systems, it observes the kinds of models, briefly introduces the representative systems in U.K, U.S.A, and Japan, as well as the history and present situation of our country's, then we will get a primary understanding about this system.The second chapter is going to observe the content of our country's trust supervisions, thus we can deeply understand the specific operation. It will use trust company, which takes the trust as its core business and is the most representative trust institution, to analyze the specific content of trust supervisions. This article also will analyze how supervision institutions control and supervise the trust business through the three longitudinal processes in trust market—admission, operation, exit.The third chapter gets some conclusions and analysis from the admission, operation, exit systems hereinbefore, and puts forward the main deficiencies existing in our supervisions. Also analyze the current problems in supervisions in the aspects of supervision rules, supervision implements and the position of supervision institutions. The first of those problems is the disorder in the legislation system of the trust supervisions; the second problem is the phenomenon that there is a coexistence of the supervision collision and the supervision vacancy in the practice; the third problem is the subsidiarity of the trust institutions.The forth chapter is the most important part of this article. Basing on the idea of functional supervision, the author will offer her suggestions about how to perfect our country's trust supervision system. At the first, in the light of the characteristics of current supervision legislation system, demonstrate the basic line about how to improve this system; secondly, in order to establish and guarantee the independence of trust supervisions under the supervision frame of China Banking Regulatory Commission, and improve the trust business further, also suggest to build the system of the trust institution from supervision idea and institution setting respectively; at the end, after effectively solving the outside obstructions of trust supervisions, we can perfect the means of"law enforcement", and strengthen the self-control system of supervision institutions, accordingly, the supervision will play a better role.The last section is the article's conclusion. This part summarizes the main content of trust supervision, and states the author's main viewpoint once again. Besides, this part makes a conclusion about the innovation and the purpose of this article.