信托法适用视角下的委托理财纠纷审理探究

Study on the Dispute Trial of Entrusting Financial Management under the Perspective of the Application of Trust Law

委托理财作为普遍存在的投资行为,为大多数投资者所选择,由于其具有相对的安全性、收益的相对稳定性、基本能刚性兑付的特点,在市场上颇受欢迎。但由于委托理财制度设计远落后于实务发展,委托人承担风险的意愿及能力较弱,受托人管理资产存在风险的增多,往往衍生出大量委托理财纠纷,对金融的稳定性造成不良影响。在委托理财纠纷案件的审理过程中,审判实务界与学界尚未对委托理财进行明确界定,其合同性质与效力、保底条款效力等问题均存在较大争议,这对审理委托理财纠纷造成极大障碍。在比较信托制度适用委托理财纠纷审理与适用合同等诸多法律制度区别的同时,试图创建一个裁判委托理财纠纷的正确路径,发挥信托法律制度的优势,公正、及时的化解矛盾,平衡各方权益。

Entrusting financial management is a widespread investment activity. It is chosen by most in- vestors. It is popular in the financial market because of its relative safety, stability of income and basic rigid payment. However, because the design of entrusting financial legal system is far behind the development of practice, the willingness and ability of clients to bear risks are weak. The risk of trustee management assets is increasing, which often leads to a large number of entrusted financial disputes and then leads to a negative impact on financial stability. In the process of the trial of entrusted financial disputes, the judicial practice and academic circles have not yet clearly defined the entrusted financial management. There are great disputes about the nature and effectiveness of the contract and the validity of the guarantee clause, which is a great ob- stacle to the trial of entrusted financial disputes. At the same time, when the comparative trust system applies to many legal systems, such as the trial of entrusted financial disputes and the applicable contract, we try to create a correct way for the referee to judge the entrust financial disputes, and give full play to the advantages of the trust law system, resolve conflicts in a fair and timely way, and balance the rights and interests of all parties.