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我国信托法律法规体系主要以《信托法》为基础,在信托发展过程中逐日建立起来。商事信托在我国信托市场中占据主要地位并在投资实践中频繁地应用,足可以预见,商事信托的发展在我国有着广泛的前景。本文针对我国信托实务中商事信托受托人责任的现状进行分析,进一步完善《信托法》关于商事信托受托人义务的规定和引进谨慎投资义务。
The trust law and regulation system in our country is mainly based on “Trust Law” and is established day by day during the development of trust. Commercial trust occupies the main position in the trust market of our country and is frequently applied in investment practice. It is foreseeable that the development of commercial trust has a broad prospect in our country. This article analyzes the current situation of the trust of the trustee of commercial trust in the practice of trust in our country, further perfects the provisions of Trust Law on the obligations of trustee of commercial trust and introduces the cautious investment obligation.