Study On Legal Regulation Of Assets Usufruct Trust Of China

Assets usufruct trust is the innovative product of Trust system and financial sector to this stage, it is developed rapidly during recent years, the development of the judicial practice of Assets usufruct trust put forward higher requirements to the legal system, how to conduct real business innovation within the legal framework, to avoid practice judicial and legislative status out of touch is an important issue of the current development of the Assets usufruct trust.This paper will discuss the legal regulation of Assets usufruct trust of China systematically and intend to promote the healthy and orderly development of Assets usufruct trust in our country.This paper is divided into five parts, the full text is about 2.5 million words:Introduction: A brief description of the current situation of the Assets usufruct trust in China, the significance and background of this research.The content,the ideas,the study method of this paper.Part 1:This paper introduces the basic theory of Assets usufruct trust, such as the basic concepts of trust, the different definition of trust in different country, the function and the different modes of Assets usufruct trust, introduced China’s current financing model, summarizes the social function of assets usufruct trust as a new product of trust.Part 2:Combined the current legislative and regulatory situation to take the representative and innovative Assets usufruct trust case " Kun shan chun gao case" as a starting point to analysis the legal relationship in this trust case identified by Court of Justice.Describes the background, Trust program, the focus of litigation, the court of the project. Combined with the current legislative and regulatory situation and analyze the court referee points.Part 3:Introduced 3 most important theories about the nature of Assets usufruct trust,then comment those theories about the legal nature of assets usufruct.The legitimacy, certainty and transferability of the trust property required for China’s "Trust law" are discussed, and draw on the author ’s understand of the nature of the assets usufruct.Part 4: This paper combined with the case and the judicial situation, analyze the regulatory risk faced by the trust products, the nature alienation of this trust model faced by practical operation, the risk of improper disclosure of information,the risk of trustee fiduciary duty is not in place to fulfill,the problem of evade legal regulation, guarantees and other defects predicament. In response to these legal issues and risks, author presented legislative proposals: Establish a sound legal system of assets usufruct trust and Trust Law supporting systems, such as the registration system of trust; specification guidelines of assets usufruct trust product release; strengthen the Trust(Trustee) fiduciary obligations and accountability mechanisms, and so on. As to Justice, the "Kunshan chuangao" as a typical case precedent in future assets usufruct trust, we can learn experiences from the sentence about the legal relationship and contract identification of trust cases like this.Part 5:Conclusion,mainly on conclude the research content of this paper,namely:the meaning about Assets usufruct trust;the analysis of representative case of Assets usufruct trust;the discuss of the nature of Assets usufruct trust;the risks faced by Assets usufruct trust in China and the solution.