我国信托业监管改革法律问题研究
发布时间：2019-03-31 12:49
【摘要】：信托业是四大金融产业之一，对信托业的监管是金融监管中重要的组成部分。国家“十二五”规划提出，我国在“十二五”规划期间，要深化金融体制改革，努力完善金融监管体制机制，并加强金融监管之间的协调。党的“十八大”报告再次重申了深化金融体制改革是未来我国经济体制改革的重要部分。本文以金融监管改革为主题，重点研究了信托业监管改革的法律问题。本文针对我国信托业监管目前所存在的问题，提出了一些改革建议，，以期促进信托业监管体制的完善。 本文共分四章内容。第一章介绍了我国信托业监管的改革路径。首先对信托业的三种不同解释进行了阐述，并最终选取了第三种解释，即信托业包括了所有信托机构和所有信托业务。从这个定义出发，本章回顾并分析了1978年以来我国信托业监管改革的历史路径。第二章分析了我国现行监管中存在的问题。我国信托业监管中目前主要存在以下四个问题：监管主体偏多、监管规则不统一、监管内容不全面、行业自律监管有待加强。第三章阐述了我国信托业监管改革的目标、原则和模式。本章建议确立三个监管改革目标：保护投资者（包括委托人和受益人）的合法权益、促进信托业的公平竞争和效益提高、提高对信托业监管的效率。同时，提出确立四个监管改革原则：依法、适度、公开、公正原则。本章还提出将机构监管模式改为功能监管模式。第四章提出解决信托业监管中存在问题的建议。为了解决信托业监管中存在的问题，需要统一信托业监管权，制定统一高位阶的监管规则——《信托业法》，分步解决信托业监管机构问题，在《信托业法》中规定适度全面的监管内容，并加强信托业行业自律监管。
[Abstract]:Trust industry is one of the four major financial industries, the supervision of trust industry is an important part of financial supervision. During the period of the 12th five-year Plan, China should deepen the reform of the financial system, make great efforts to improve the mechanism of the financial supervision system, and strengthen the coordination between the financial supervision and control. The report of the 18th National Congress of the CPC reiterated that deepening the reform of the financial system is an important part of the economic system reform of our country in the future. This paper focuses on the reform of financial supervision and focuses on the legal issues of the reform of trust industry supervision. In view of the problems existing in the supervision of the trust industry in China, this paper puts forward some reform proposals in order to promote the perfection of the supervision system of the trust industry. This paper is divided into four chapters. The first chapter introduces the reform path of trust industry supervision in our country. Firstly, three different interpretations of trust industry are expounded, and finally the third one is selected, that is, trust industry includes all trust institutions and all trust operations. From this definition, this chapter reviews and analyzes the historical path of China's trust industry regulatory reform since 1978. The second chapter analyzes the existing problems in China's current supervision. At present, there are four main problems in the supervision of trust industry in China: the main body of supervision is too many, the regulation rules are not uniform, the content of supervision is not comprehensive, and the self-regulation of industry needs to be strengthened. The third chapter expounds the goal, principle and mode of China's trust industry supervision reform. This chapter proposes to establish three objectives of regulatory reform: to protect the legitimate rights and interests of investors (including clients and beneficiaries), to promote fair competition and improve the efficiency of trust industry supervision. At the same time, put forward to establish four principles of regulatory reform: the principle of law, moderation, openness, justice. This chapter also proposes to change the institutional regulatory model into a functional regulatory model. The fourth chapter puts forward some suggestions to solve the problems existing in the supervision of trust industry. In order to solve the problems existing in the supervision of the trust industry, it is necessary to unify the supervision power of the trust industry, formulate a unified high-level regulatory rule-the Trust Industry Law, and solve the problem of the trust industry supervision agency step by step. The Trust Law provides appropriate and comprehensive regulatory content and strengthens the self-regulation of the trust industry.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.282
本文编号：2450916
[Abstract]:Trust industry is one of the four major financial industries, the supervision of trust industry is an important part of financial supervision. During the period of the 12th five-year Plan, China should deepen the reform of the financial system, make great efforts to improve the mechanism of the financial supervision system, and strengthen the coordination between the financial supervision and control. The report of the 18th National Congress of the CPC reiterated that deepening the reform of the financial system is an important part of the economic system reform of our country in the future. This paper focuses on the reform of financial supervision and focuses on the legal issues of the reform of trust industry supervision. In view of the problems existing in the supervision of the trust industry in China, this paper puts forward some reform proposals in order to promote the perfection of the supervision system of the trust industry. This paper is divided into four chapters. The first chapter introduces the reform path of trust industry supervision in our country. Firstly, three different interpretations of trust industry are expounded, and finally the third one is selected, that is, trust industry includes all trust institutions and all trust operations. From this definition, this chapter reviews and analyzes the historical path of China's trust industry regulatory reform since 1978. The second chapter analyzes the existing problems in China's current supervision. At present, there are four main problems in the supervision of trust industry in China: the main body of supervision is too many, the regulation rules are not uniform, the content of supervision is not comprehensive, and the self-regulation of industry needs to be strengthened. The third chapter expounds the goal, principle and mode of China's trust industry supervision reform. This chapter proposes to establish three objectives of regulatory reform: to protect the legitimate rights and interests of investors (including clients and beneficiaries), to promote fair competition and improve the efficiency of trust industry supervision. At the same time, put forward to establish four principles of regulatory reform: the principle of law, moderation, openness, justice. This chapter also proposes to change the institutional regulatory model into a functional regulatory model. The fourth chapter puts forward some suggestions to solve the problems existing in the supervision of trust industry. In order to solve the problems existing in the supervision of the trust industry, it is necessary to unify the supervision power of the trust industry, formulate a unified high-level regulatory rule-the Trust Industry Law, and solve the problem of the trust industry supervision agency step by step. The Trust Law provides appropriate and comprehensive regulatory content and strengthens the self-regulation of the trust industry.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.282
【引证文献】
相关硕士学位论文 前1条
1 夏楠;信托制度在房地产融资中的运用研究[D];华东政法大学;2014年
本文编号：2450916
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