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Trust System in Improving the system of

Author: LiuZuoJun
Tutor: ZhengTaiAn
School: Sichuan Academy of Social Sciences
Course: Economic Law
Keywords: Fiduciary duty Trust property Control of the Company Independent legal personality
CLC: D912.28
Type: Master's thesis
Year: 2010
Downloads: 69
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Abstract

Has an independent legal personality, the company is proud of a system of basic features, is based on this, making the company the system is unable to get rid of the dilemma: major shareholders holding position to take advantage of the transfer of risk to the heads of many small shareholders, while not available from the existing minority shareholders to seek effective legal protection; \employees, creditors and other irreconcilable contradictions exist. Face of the above difficulties, the current academic mostly from the company within the system to start, find a solution, but this is out of the company system, from its great similarity trust system start, the company's system to explore its possible improvement. Contract-based company system and the establishment of trust system seemingly no contact, but the substance is a kind of transfer of property and management, and are reflected as property ownership and the right to operate the separation between the two systems of similar nature as a trust company system improvement possible. This article originated from a trust system, the development process in various countries, as well as trust property and related rights and obligations of the trust relationship, analyzes the trust system advantages in many respects, and from the theory, practice and history of development, and so demonstrated its perfect necessity and possibility of corporate system. And based on the above discussion, the final proposed trust system for the state-owned enterprise restructuring, management of the Company's commitment to fiduciary duties and other aspects there is a strong reference, and make recommendations. The main contents include: Preface. Mainly comprised of the problem, literature review of relevant information, this research methods and logical structure of this paper, from the whole of the article described. Chapter One: Trust origin. This chapter explains the origins of trust system, summed up the trust system origin of three perspectives: British Origins, says Roman origins and common origin Salman said. For the three theories advocated basis and against its opposition have done a detailed induction, from the perspective of historical development to deepen the understanding of the trust system. Chapter Two: Trust in the United Kingdom, the United States, Japan and other countries to establish and related issues. This chapter first describes the trust system in the establishment and development of national, went on to the core of the trust as trust property analysis, and finally sort out the trust system in the rights and obligations related to human relations, from the Trust carried out at all levels of the system analysis, after this demonstration of its institutional relationship with the company foundation. Chapter III: Trust and Corporate System inevitability - the plight of corporate system. The chapter analyzes the company facing the system, such as protection of minority shareholders' equity, social responsibility, commitment and other puzzles, analyzes its produce this condition simply because the company system itself, reflecting the superiority of the trust, but also demonstrates the trust system for the company system improvement is necessary. Chapter 4: Trust and Corporate system of historical experience. The chapter on the history of the development company system research reveals suffered too harsh in the case of legal constraints often seek trust system to help them weather the storm of the facts and clarify the company's system and the trust system intersection of history, demonstrated Trust and Corporate system's historical experience. Chapter Five: Trust system on the company system sound realistic possibility. The chapter from both theoretical and practical aspects, demonstrates the company system learn from and absorb the real possibility of the trust system, for the sixth chapter concludes with trust system recommendations for system improvement of the company foundation. Chapter VI: Trust Perfecting our company regime. This chapter proposes a trust system for system improvement of the company's recommendations, including the use of the trust system for the improvement of state-owned enterprises and the introduction of senior executives after the contractual obligations and the business judgment rule, etc., and to be addressed. Conclusions. This discussion is mainly based on proposed trust system for the state-owned enterprise restructuring, management of the Company's commitment to fiduciary duties and other aspects there is a strong reference, and make recommendations.

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