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Study On Balance Of Interest Of Securities Investment Fund

Posted on:2013-06-24Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y M HuangFull Text:PDF
GTID:1226330395959207Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This thesis is based on the conflicts of the interests between the various entity ofsecurities investment funds and the unbalanced situation. We do the discussion withthe main point of the management of fund, try to find a way of blaming the interestboth inside and outside. In order to maintain the interest of the management of fund,ensure the securities of the development of the investment fund orderly and healthy.Let the development of market economy in our country more vitality.In terms of compensating for loss functioning in the fund markets, law and othermethod have their respective weaknesses. However, that does not imply equality inthe status of each regulatory force. What we can do best is to achieve a reasonabledistribution of legislative and executive powers among the regulatory institutions, it isby this means that we maximize the efficiency of each regulatory institutions. Itmeans that we maximize the efficiency of each regulatory institution to maintain thedevelopment of the fund market. Based on an analysis of fund market, the thesis hasmade an attempt in the construction of the interest of fund. The findings indicate thatsuch a construction can not solely rely on a single regulatory institution. It should intoconsideration and fully implement the functions of each regulatory institution. On thebasis of conflict of interest, we argues that the method should be take from multipleprocesses and diverse perspectives.Chapter one focus first on the legal relationship between securities investmentfund, noted the imbalanced situation in fund. In the rapid economic development ofmodern society, the professional trustee based on expertise and extensive experiencecan make up the majority of fund investors luck of knowledge, luck of time and otherconditions, thus we can reduce the risks of investment and increase return oninvestment. Fund system was established relying on the trust system. Next, this thesis point the problem of the imbalanced situation in the interest of securities investmentfund. It is very important that we should seek a solution for the question.Chapter two analyze the problem, and propose the principle ways to thequestion. There is a conflict between the interests of seeking effective balancingmechanisms. first of all, we need to make the different interests of the order.Chapter three will find the obligations of securities fund manager system. Andcomparing American securities investment fund and other country, the concept of"relationship" on the manager’s duty get an explanation. The thesis try to improve andperfect the China’s securities investment fund management responsibility system.Chapter fourth goes into the specific settlement mechanism of balancing theinterests of the fund manager. Next, analysis the questions in the balance in themanagement company of the fund, and bring forward measure to complete the systemin starting with holders of the fund management’s base.Chapter fifth focus on securities investment fund supervision mechanismproblem. And choose to start with the perspective of markets and administrative,analysis funds regulation pattern, looking for the thoughts of perfecting the fundsupervision.Considering the finite availability of the regulatory resources and alsoconsidering the impact of legislative costs, the writer contends that the scope coveredby the fund regulation policy should be well defined. The writer also maintains thatsuch a work should focus on the regulation of corporate governance structure of fundmanagement companies and the regulation of fund information disclosure, theunderlying goal of which is to reduce the risks involved in fund management.Towards the end of the study, an evaluation on the history and current implementationof China’s fund regulatory policies is provided. The evaluation on the history of thecountry’s fund regulatory policies is fundamentally a reflection on the evolution ofChina’s political and socio-economic systems, The evaluation on the currentimplementation of China’s fund regulatory policies is based on a comprehensiveanalysis of specific cases. Suggestions on the regulation of fund and its implementary framework are also provided.
Keywords/Search Tags:Conflict of Interest, Management of Fund, Balance of Interest, Supervision ofAdministrative
PDF Full Text Request
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