The Study Of Legal Issues In China And Foreign Countries Investment Fund

Investment Fund as a kind of population assemble investment tool .absorb a lot of social free capital and all kinds of social security fund,all because of it' s special character:low risk and high profit. Based on its definition in law and an analysis of its characteristics,the author discussed Investment Fund in three themes in this article:first,legal analyzing on the organization of Investment Fund;second,studying the parties;third,discussing the supervision on Investment Fund. Taking Investment Fund dramatic growth in the past years into consideration,we can sum up that Investment Fund needs the protection of integrated and completed legal institutions. There have tow legal structures:Corporation Investment Fund and Contract Investment Fund. The manager,the custodian and the beneficiary are the parties of Investment Fund. The manager and the custodian bear Fiduciary Duty. As the ultimate objective of Investment Fund,the protection of the benefits of beneficiary is especially important. The supervision system on Investment Fund is made up of the administrative supervision and the industry self-discipline supervision. Our country should establish the supervision system of focus but not centralization of state power. Based on the preceding analysis,the author structures the legal system of Investment Fund in our country.