Practical Development and Legal Norms of Real Estate Investment Trust in China

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Abstract

After a process of continuous research and development, Real Estate Investment Trust has become one of the main types of investment trusts in the People’s Republic of China, creating opportunities for huge economic benefits when investing and financing the construction of Chinese real estate. The legislative regulation of trusts in this area should not lag behind economic development. In this regard, it is important to pay attention to the development process of the China’s Real Estate Investment Trust, the practice of this fund, as well as to follow the directions of improving the legal norms of this organization. China’s experience in this area may be of interest to legislators in many countries. In this article, the author summarizes the history of Chinese Real Estate Investment Trust from the point of view of law. The article lists specific guarantee measures of the relevant Chinese laws and regulations on the practical development of real estate investment funds. Special attention is paid to the analysis of the role of the Law on the Protection of the Economy. The shortcomings of the existing legal norms in the field of protection of real estate investment funds in China are listed in order to more effectively apply these acts.

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About the authors

Yajun Cao

Sun Yat-Sen University

Author for correspondence.
Email: caoyj23@mail2.sysu.edu.cn
doctoral student of Philosophy in Law (Ph.D.) Guangzhou, China

References

  1. Wang Zhicheng, Financial Asset Securitization: Legislative Principles and Comparative Legal Systems, Peking University Press, 2005, p. 172.
  2. Stephanie Creusen-Kelly, R. Brad Thomas: Investment Guide and Analysis to REITs, translated by Guilian Luo, Yin Yu, China Machine Press, 2018, p. 9.
  3. Ralph L. Block, Real Estate Investment Trusts (4th edition), translated by Song Guanghui, Tian Jinhua and Qu Zihui, China Machine Press, 2016, p. 3-6.
  4. Wang Yixin, Yun Feifei, Real Estate Trust and Investment Fund Development under the Chinese Framework-From the Perspective of Investors, Journal of Commercial Economics, Issue 2, 2019, p. 162.
  5. Yan yan, The Governance of REITs, Tsinghua Financial Review, Issue 12, 2020, p. 49-50.
  6. Zou Jing, Wang Hongwei, REITs: Literature Review, Industrial Economics, Issue 2, 2018, p. 36.

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