证券投资基金法律监管问题研究.pdf

Abstract In the world today, like banking, securities and insurance, the fund industry has also become one of the four major pillars of the modern financial system and receives more and more attention from every country. Since the issuing of Provisional Measures of the Administration of Securities Investment Funds in 1997, China securities investment fund industry has entered into a standardized and rapid development. But with Chinas entry into WTO and the further opening of the industry to the outside world, the previous fund regulations have failed to meet the needs of the development of the fund industry. On October 28, 2003, the 5th Meeting of the Tenth National People’s Congress of China adopted Securities Investment Fund Law of the People’s Republic of China, which will become effective on June 1, 2004. But how to fully implement this law, how to regulate the securities investment fund industry legally and how to improve the present regulatory system still remains a big task for the fund industry to resolve. In view of the fact that the research on the legal regulation of securities investment funds in China is deficient and the present regulatory system is far from sound, the article embarks on the Research on the Problems of Legal Regulation of Securities Investment Funds. Under the guidance of the theories of economical law and economics, by expounding the basic theory of fund regulation and drawing lessons from the practice of England and America, the article puts forth an overall thought of the regulatory system, and raises some suggestions about the settlement of the main problems existing in present fund regulatory system, through which,