金融机构信托理财法律问题分析-经济法学专业论文.docxVIP

1 1 2 2 Abstract With the rapid development of financial business in our local market, the emergence of the various types of financial products on the market, the difficulty is how to judge the cases arised by the financial business. From the plight of judicial discretion, causing us to think about the basic legal issues that what legal relationship between the parties in these business. About the problem what the legal relationship between the parties in these business, there are a variety of different theories of our practitioners and academics, at the same time, the official also seems to be in a dilemma that whether or not they should permit financial institution mixed operation because of the nature of trust. The incompletion of laws accelerated the market confusion, increased the difficulties in the judging course. The supervision of the financial business have the problem that even if the different financial institution operates the same type business, they have to face the different financial regulator and the different rules. Therefore, the analysis of the legal relationship of the financial business in the market and the discussion of how to improve the supervision will effectively change the current chaos in financial business market. This paper, basing on the practical requirements, and the first part of it is concern about the basic theory of trust and financial trust, focuses to discuss the concept of trust and the financial trust, the conditions that make financial trust established and been effective. The second part of the paper is about the asset management business of commercial banks and securities company, focusing on introducing the different types of financial business, and summarizing the different kinds of academic point of view that what the legal relationship is in these kinds of financial businesses. In the third part of the paper, I made the classification of the current financial businesses and made the definition of the legal relatio