论我国契约型基金托管人法律制度的完善.pdfVIP

Abstract In recent years, our country’s securities investment fund industry is enjoying strong momentum of development, but behind the prosperous market there are many illegal operations and improper managements. The continually exposing of inside story of Fund and illegal events not only attack investors’ trust and cause crisis of confidence, but also expose the regulating loopholes and potential risks of the securities investment fund market. These questions are definitely related to the Market players’ lack of credit, the lower degree of maturity of fund market and the weak government regulation, but the failure of funds internal supervising mechanism is more to blame. In addition to the widespread lack of supervision of fund holders in various countries, the fund custodian as the representative of fund holders’ interest in our country, who supervises by non-interference and inaction is the main reason of the failure of funds internal supervising mechanism. At present. Fund custodians weak supervision is related to the defect of fund custodian’s legal system. Therefore, researching fund custodians legal system in our country, finding the obstruction of legal system which leads to the effectiveness of supervising and making up the defect of the system are significant to urge the fund custodian to perform their duty actively and change the undesirable situation that the fund operator can escape from the legal punishment even if they misuse their power. By the way of empirical analysis, the economic analysis as well as comparative analysis, this paper conducts research on the legal issues of the trusteeship of contractual securities investment fund, draws on instit