作为金融基础设施的信托登记：解构与完善

Trust Registration as Financial Infrastructure: Deconstruction and Improvement

信托业是我国金融业的四大细分行业之一。银保监会已于2017年发布《信托登记管理办法》,但无论是信托登记制度本身还是与《信托法》的衔接,作为信托业基础设施的信托登记制度在登记客体与登记效力两方面仍然需要完善。因此,修法上应当保持民商法谦抑性,防止公权力随意垄断信托行为的效力,重视信托登记客体二重性的功能特点以保护交易安全与信义关系。虽然现阶段我国信托立法尚未就信托关系登记与信托效力相关联,但信托关系登记应当纳入《信托法》修改时考量的范围。

The trust industry is one of the four sub-sectors of China’s financial industry. The CBIRC has issued the "Measures for the Administration of Trust Registration" in 2017. However, in terms of both the trust registration system itself and its connection with the trust law, the trust registration system as the infrastructure of the trust industry still needs to improve, especially the object of registration and the effectiveness of registration. Therefore, it is necessary to maintain the modesty and restraint of the civil and commercial laws, prevent the public power from deciding the effect of trust acts at will, and pay attention to the dual nature of the object of trust registration in order to protect the transaction safety and fiduciary relationship. Although the registration of fiduciary relationship has not been associated with the effect of trust in China’s current trust legislation, it should be considered when amending the trust law.