Research on the Legal System of Financial Trust

Author: Guo Dexiang
Publisher:
Publishing Date: 2003-01-01
Features: Trust, as a system for transferring and managing property, originated in the common law system and was later adopted by the civil law system. China directly adopted the financial trust system during the modern stage of trust development, demonstrating high financial innovation. However, due to the lack of theoretical research and the inadequacy of legal systems, China's financial trust industry has long been in a distorted state of development, failing to reflect the fundamental principles of trust and hindering its future growth. A systematic and comprehensive study of the financial trust system, along with a specific and practical analysis of China's financial trust industry, is highly important and urgent in the context of China's rapid economic development and the massive accumulation of financial assets. Given long-term attention and reflection on these issues, the author chose the legal system of financial trust as the research subject and wrote this book. The book is divided into two parts: the first part analyzes the fundamental theoretical issues of financial trust, while the second part explores practical issues of financial trust, particularly providing a detailed analysis of the development history of China's financial trust industry and its legal system. This book comprehensively employs methods such as legal history, comparative law, legal interpretation, legal policy, and empirical law to study the fundamental concepts of financial trust, the formation of financial trust systems, and legal relationships in financial trust. The analysis and discussion of the conflicts and resolutions in the international legal system of financial trust, as well as the uniqueness and shortcomings of the "Trust Law of the People's Republic of China," are the distinctive features of this book. The book is highly theoretical and serves as an ideal reference for senior management personnel and theoretical researchers in the financial trust industry, as well as a preferred textbook for postgraduate and undergraduate students in relevant fields. It should be noted that this book is based on the author's personal interest and is derived from the author's master's thesis, drawing on the research achievements of predecessors to express some preliminary views on certain theoretical issues of trust. Due to the author's limited knowledge and expertise, shortcomings and errors are inevitable, and the author sincerely invites corrections from colleagues.