Research On The Protection Of The Rights And Interests Of The Beneficiaries Of Collective Fund Trusts In My Country

As the most important type of business operated by a trust company,the collective fund trust embodies strong vitality.Collective fund trusts are essentially commercial activities that are very different from traditional civil trusts.As the corresponding supporting system is still not perfect,in practice,cases where the trustees of the collective fund trust abuse their rights and damage the interests of beneficiaries often occur.This paper starts with the concept of a collective fund trust,systematically analyzes its concepts and characteristics,summarizes several situations in which beneficiaries’ rights and interests have been violated in a collective fund trust,and conducts a detailed analysis of the ownership of the trust property of the collective fund trust,the supervision of the trustee trustee,and the disclosure of trust information in combination with our country’s legal system.Based on the relevant experience of the Common Law and the Continental Law countries represented by Japan,the author puts forward suggestions to improve the protection of the beneficiaries’ rights and interests of collective funds in China.This paper discusses the protection of the beneficiaries’ rights and interests of collective fund trusts and is divided into the following parts:The first part: The basic theory of China’s collective fund trust.This part of the discussion begins with the concept of a collective fund trust,and discusses the characteristics of the collective fund trust business,the majority of the trustee,the requirements of the trustee qualification,and so on,so as to clarify the specificity of the collective fund trust.The second part: The status quo of the protection of beneficiaries’ rights and interests and the existing problems in our country.First,it introduces the development scale of the collective fund trust in recent years and the status quo of beneficiary protection in China.Second,it discusses the issues concerning the protection of beneficiaries’ rights and interests of collective funds in China from the aspects of the ownership of trust assets,the supervision of trustees,the information disclosure system,and the risk perception of trustbeneficiaries.The third part: The reference of the experience of protecting the rights and interests of the beneficiaries of the out-of-area collective fund trust.It also summarizes the legislative and institutional experience in the areas of trust property ownership,fiduciary obligations,information disclosure,and beneficiary legal remedies in the United Kingdom,the United States,and Japan,and compares it with the rights protection system for beneficiaries of collective funds in China.The fourth part: Suggestions for improving the protection of beneficiaries’ rights and interests in China’s collective fund trusts.This part is the proposal to improve the protection of beneficiaries of China’s collective fund trust,mainly including: First,clarifying the ownership of the trust property.Second,achieving better supervision of the trustee by improving the obligations of the trustee,the system of the beneficiaries,and the establishment of trustees for collection funds.Third,improving the information disclosure system of the collective fund trust by expanding the scope of the obligatory entity for information disclosure and clarifying the corresponding responsibility.Fourth,in view of the disadvantaged status of our country’s collective fund trust investors,proposing to strengthen investor trust education and risk education.