Legal Research On The Issues Of Investment Funds

The drafting of Investment fund law which was enlisted in the 9th National People's Conference plan commenced formally.The IFL Drafting committee defined the operation system of fund as the one in which the three rights of assets capital are seperated, namely the right of ownership, management and accounting and supervision. In order to achieve good results in investment fund legislation, the research on investment fund principle of law is of primary necessity. This thesis fixes that the Investment Fund Law is based on trust law and explains the trust law theories as far as investment fund is concerned so that the legal property of the contractual investment fund is explicit. Based on this , by comparing and learning from IFLs of various countries and regions, our nationalcontractual investment fund law relationship is devised according to trust law basis , in the meanwhile eliminating the shortcomings of the contractual imvestment fund law system in such countries and regions as Japan and Germany, As a result, a special operation systira in which the three rights of our national investment fund are guaranteed legally, the legal property and relationship of corporational investment fund are also embodied.