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随着资产证券化不断加强,股权托管逐渐成为中国近年来托管的重要种类。由于各国没有专门调整股权托管的法律制度,因此,应当采用何种模式及途径对股权托管进行法律调控,以及在基本调控模式下如何完善相关的具体制度,成为规范股权托管的重要法律问题。本文对股权托管制度的模式进行了比较与分析,阐明了单一法律调整模式的缺陷,论证了单一法律调整模式不适合中国股权托管法律调控的原因。在此基础上,认为中国应当构建公法与私法相结合、信托法与合同法并用的复合型法律调控模式,以实现对股权托管充分与恰当的调控。在建立复合制度结构的模式下,本文提出了完善具体制度的建议与措施。
As asset securitization continues to strengthen, the equity custody gradually becomes an important category of custody in China in recent years. Since each country does not specially regulate the legal system of trusteeship of trusteeship, what kind of modes and ways should be adopted to regulate the trusteeship of trusteeship, and how to perfect related specific systems under the basic regulation and control mode, has become an important legal issue of normizing trusteeship of trusteeship. This article compares and analyzes the mode of the trusteeship system, clarifies the flaws of the single law adjustment mode, and proves that the single law adjustment mode is not suitable for the regulation of the trusteeship of China’s equity trusteeship. On this basis, it is considered that China should establish a complex legal regulation and control mode combining public law with private law and trust law with contract law so as to realize the full and proper regulation and control of the equity custody. Under the mode of establishing compound system structure, this paper puts forward some suggestions and measures to perfect concrete system.