Study On Subjectivity Of Legal Relationship Of Asset Management Plan Under The Subject-Oriented Trend

With the prosperity of commercial transactions and the drive of capital market innovation,the emerging financial products represented by asset management plan have developed rapidly and become increasingly complex.On the one hand,as an investment and financing tool,asset management plan meets the diversified needs of all parties in the capital market;on the other hand,it starts to jump out of the category of transaction object,participate in the investment and financing activities in the capital market as the transaction subject,and carry out the subjectification attempt,and show the trend of object subjectification.Under the trend of subject-oriented,the legal attribute of asset management plan defined and understood from the point of view of contract is increasingly showing "fatigue beyond our grasp",which makes the quality of asset management plan fall into the tangle of object or subject,contract or organization.In this context,we should re understand the legal status of asset management plan,especially the characteristics of its legal relationship subjectivity.On the academic level,the complicated contract arrangement and structural design of asset management plan make it have the characteristics of asset isolation and internal governance,forming independent property and independent meaning,and showing the characteristics of profit-making and business of business subject,and having the elements and logic of becoming a legal subject.In practice,there is a strong need to give the independent subject status of asset management plan,which can ensure the legal independence of entrusted property,straighten out the rights and obligations of all parties involved in asset management,clarify the exercise of securities power in the securities market and complete the tax requirements of asset management plan in the tax law.Therefore,China’s laws,especially commercial laws,should timely adjust the subject-oriented trend of the asset management plan.On the one hand,we should recognize the status of the non-legal person organization of the asset management plan,create the type of special business subject to expand and supplement the commercial organization system of China,and reshape the private law value of the asset management plan registration system,while adhering to the concept of rebalancing the commercial freedom and system constraints;On the other hand,it is necessary to strengthen the fiduciary duty of asset managers,endow them with non-mandatory rules,and improve the financial regulatory norms to alleviate the rigid constraints and potential risks that may arise after the organization.Apart from the introduction and conclusion,this essay is divided into four parts.The first part puts forward the legal status confusion of asset management plan under the trend of subject.First of all,it combs the connotation and pattern of asset management plan,puts forward the concept of "subject-oriented trend" of asset management plan,and expounds the legal status confusion of asset management plan under the subject-oriented trend.The second chapter conforms to the puzzle of the legal status in the first chapter,aiming to clarify the legal status of asset management plan under the trend of subject-oriented,especially the academic logic of its legal relationship subjectification,that is,it has the possibility to become the legal relationship subject.The third chapter discusses the necessity of recognizing the independence of asset management plan on the legal level,especially the theoretical and practical significance of the subjectivity of asset management plan and the improvement of commercial law rules.The fourth chapter deals with the legal structure.This paper focuses on the adjustment of the law to the subjectification of asset management plan under the trend of subject-oriented,and designs the specific implementation path and supporting system of the subjectification of asset management plan,so as to realize the transformation of asset management plan from transaction subject to legal subject.