Research On Legal Problems Of Assets Gains Right Trusteeship-Legal Analysis

In recent years,with the implementation of the austerity policy,the trust supervision policy has been correspondingly more and more severe.Trust companies have to change their initial trust loan model and launch various types of innovative trust products.As a result,Products,much favored practice,widely used in domestic financial practice.As a new form of trust in China’s business trusts,the right-of-trust has been approved by many real estate enterprises and large-scale listed companies because of its functions of circumventing some laws and regulations and its quick financing.However,at the same time,the enormous legal risks brought by this form of trust are also subject to controversy in the industry.Due to the huge amount of financing and the imperfect laws and regulations,in the event of disputes over the trust of the right to revenue,the legitimate rights and interests of the parties are hardly protected by the judiciary and sometimes not even recognized by law.To some extent,the legal status of the profit-rights trust can also be described as a microcosm of the current legal situation facing the trust industry in our country.In this context,the "Anxin Trust v.Kunshan Chungao Case" that occurred in the second half of 2012 triggered a controversy over the legitimacy of trusts in asset-backed earnings.However,the courts of first instance and the court of second instance have failed to confirm the nature of the right to receive assets and whether the asset proceeds can be regarded as the trust property,thus avoiding the validity of trusts of such assets.As a result,the judiciary’s position on the effectiveness of the trust of asset-Unclear state The issues concerning whether the right-of-trust involved in the trust of trust is recognized by law,whether the trust loan contract is valid,whether the mortgage right based on the principal claim can be realized,and so on,are also issues that need to be discussed and resolved urgently in the legal construction of China’s trust industry.Therefore,on the basis of combing the legal issues on the merits and judgments,the paper discusses the above issues in the light of the focus of case disputes,while referring to and analyzing the domestic and foreign laws,combined with the judgment opinions of the court in this case and the principle of trust.