The Research On The Nature And Risk Prevention Of Contract In Conducting Financial Transactions

Content:It is a trend more and more people entrust organizations to conduct financial transactions in nowadays.and that "by financial management" is very strange and alluring,so the people are blindness and the entrust financial conducts cause more disputes. According to the reality of our country,professional entrust conduct financial transactions appears very late, the financial practice field and related academic circles to entrust conduct financial transactions and entrust financial contract cognitive there is a big difference, so did not perfect the legal system, even the legal level is quite short. This paper aims to let investors really realize the original investment, reasonable avoid entrust financial contract risk and expected to entrust financial legal system establishment and the consummation contribute. This paper is divided into three parts, the first part, by the nature of the financial contract research, the author first puts forward the concept of entrust conduct financial transactions; And then on the trust financing contract for the classification of different points of view to the study of the rights and obligations of the parties to do the scene; Then analyzes the nature of the entrusted financial contract is pointed out that the pros and cons of each theory and put forward the financing nature by the dual nature; The parties to the contract rights and obligations, the definition of entrust financial contract are various and different types of parties to the contract have rights and the obligations of the need is endless also and same, the author adopted a and has practical meaning and significance of the research on the introduction of the classification of respectively, will entrust contract according to the financial capital operation mode is divided into typical entrust financial contracts and atypical entrust financial contract, first by the typical financial contract subject qualification and its rights and obligations, and atypical entrust financial contract main body qualifications as well as the rights and obligations of the difference. The second part, the research present situation and entrusted financial risks are, for the present financial risk by not only from the investment risk of itself, the entrusting party and the entrusted party to assume more is man-made risk, this part the author mainly aims at the downside of entrusted financial contract terms, the law itself vulnerabilities and legal analysis of the conflict between real problems, and therefore to the entrusting party and the entrusted party bring risk. The third part, entrust financial contract the evasion of the risks and entrust financial contract system, the author thinks that the establishment of according to the actual situation in our country is in the financial system is not mature conditions, in order to reduce the risk of litigants, especially the client, in order to truly to the purpose of financial management, and puts forward some Suggestions to reduce the risk, and the author thinks that entrust conduct financial transactions involved at the people’s livelihood, disputes are usually huge amount, personnel is more, the social impact is bigger, to establish a perfect entrust financial legal system is necessary, therefore, on the basis of the risk study tentatively puts forward the establishment of the entrusted financial legal system.