The Development Of Sino-foreign Trust Is A Comparative Study

Trust, simply speaking, is a system that manages property for others' interests. The trust system stems from Britain first and USE in the British history of legal system in the 13th century was generally considered as the original form of modern trust. The Social condition of the rising of System of trust is the formation of the System of the private property and the Management system of inheritance of property.Trust is an Effective design to undertake the Transfer and management of property. In the long-term practice abroad, trust has shown one's own unique superiority in three aspects mainly: i. Long-term planning. Trust is Suitable for Transfer and management of property for a long time. ii. Elasticity. Set up way diversification in trust; the property pluralism of trust; the purpose liberalization of trust; trust is various in style and is used extensively. iii. Trust can ensure the beneficiary's interests conscientiously. Trust property have the independent character, which makes trust property avoid client or creditor of trustee demand, and makes beneficiary enjoy and have priority to the client or the right to creditor that asked someone to trust property.The second part presents the analysis of the development of trust from three angles: trust industry, trust institutions and trust products. Chinesetrust industry stands at the crossroad of the historical choice again today after going through the development of the trials and hardships for more than 20 years. Through the fifth rectification, " Trust Law", " trust and investment corporation management method" and the" temporary means of fund trust", having been issued in succession, Trust industry faces the opportunity that develops again. At present, the trust industry of our country has gone through a series of great emerge, reorganization and combination, which reflects the characteristic as follows: 1, Legal environment and social economic environment improve gradually.2, Trust variety innovates constantly. 3, Trust organization becomes to be relatively rare resource. 4, The various businesses reflect the comprehensive advantages.Up till now, over 30 trust and investment corporations finish after registering again, administration structure, control degree, assets quality, qualified personnel in a specific field team carry on great to recombination and combine inside of company and The key competitiveness of enterprises is promoted greatly. Most trust investment corporations, especially private trust organizations are after getting the license plate of trust again and keep business forging ahead actively.Private fund regard this as a strategic opportunity of entering financial circles. It is a major one of trust fund application ways that trust grants the loan. Nearly 2/3 trust fund products adopt the way. Time limit relies mainly on the fact that it is short-term, the majority is within 3 years.1, Support of local government is a key factor2, Local infrastructure construction is the major objective.3, Cooperation with other financial institutions means a transition that is led by market. At first, trust organization borrow government credit to promote trust products, turn to marketization be transported and make gradually soon in the future. Trust organization want and give play to trust product development flexible characteristic, follow constantly changeable market environment and market demand closely, Put out and change the various trust products in good time. Assets extension and assets of source use extension of means is key that trust could develop rapidly. How can reflect such an extensive key that trust and Investment Corporation can develop for a long time.The third part considers the experience from overseas. From the development of Britain, U.S.A., Japan and German trust sectors, the development of the trust sectors of developed country presents following trends: The function pluralism of trust, the trust machine can be deepened constantly; Inves...