Commissioned A Financial Case Law Research

Along with Chinese capital market's gradual improvement, entrust financial investment rose up and develops quickly in security market. More and more people pay attention to it. Because entrust financial investment is a new invest form, there aren't many relevant legal institution and researches in it. This paper makes relatively comprehensive analysis and summary on some basic law issues in Chinese entrust financial investment market, and attempts to propose some viewpoints to improve the law environment of entrust financial investment.This paper includes of five parts. They are basic legal characteristic, the overview of entrust financial investment case, legal relationship characters of entrust financial investment, legal analysis of the legal issues of entrust financial investment, proposing viewpoints to improve the law environment of entrust financial investment.In the first part, author analyzes the legal characters from the following perspectives. Nonstandard name of entrust financial investment, the invest fields of entrust financial investment, the subjects of entrust financial investment, the modes of entrust financial investment, the content of entrust financial investment contract, the reason of issues.The second part reviews and makes a clear venation to the situation of the cases of entrust financial investment from 1993 to now.About the legal relationship of entrust financial investment, there are many theories. Based on comparative analysis, we can conclude that entrust financial investment is a comprehensive legal relationship. It has some characters of entrust, credit, delegation and so on, but anyone of them can't include the legal relationship of entrust financial investment completely.The analysis of legal issues of entrust financial investment is the most important part in this paper. Author analyzes the legal validity of entrust financial investment, how to definite the cause of action, the legal validity of the minimum profit guarantee articles, the way to deal with deficit, financial regulation of entrust financial investment, the imperfection of information disclosure system and so on.In the last part, by means of above analysis, author proposes the following advices to attempt to improve the legal environment of entrust financial investment, including the improvement of the legislation, financial regulation, corporate governance and judicial methods.