商事信托法律构造研究

商事信托作为商事组织的一种形式,运用传统信托运作方式中所有权形式分割,责任与利益分离,受托人责任与风险承担来实现商事组织的灵活融资经营和受益人的信托收益。商事信托得益于信托的资产分割功能,使商事组织享有独立于信托所有人及其管理人的资产,得以自己名义经营管理、与第三人进行交易,产生独立的法律关系,承担独立法律责任,理应具有商事信托之独立法律主体地位,此乃我国商事信托发展和商事组织法之规范方向。

Research on Juristical Structure of Commercial Trust

As a form of business organization, Commercial trust divides formal ownership form substance, separates responsibility from benefits, burdens responsibilities and risks together of the trustee. Then commercial organizations can be financed agilely in their business. And beneficiary achieves their trust incomes. Commercial trust benefits from partition of assets. Then commercial organizations independently gain owners or managers assets. They could manage the assets and trade with the third party on their own name, and possess an independent legal relationship with each other, and undertake independent legal responsibility. Commercial organizations should have independent legal subject status. This is the future trend of developing our country commercial trust and of perfection of commercial organization law.