The Research Of Problems Of Law On The Improvement Of Fund Company Internal Governance In China

As one of the important contents of the theory of corporation governance, the problem on the inside governance of fund company have been an international subject concerned by jurists and economists both at home and abroad. The fund company internal governance has become an important assurance to handling the relation of company stakeholders,and optimizing the framework of the corporation governance. It has also been the key problem for the healthy development of fund industry.National legislative organization and state department have issued a series of statutes and documents from the beginning of constitution the first set of negotiable fund companies of our country. Since most of these rules of law for the corporation governance refer to the outside governance, and the statutes on the internal governance are faultiness, there are a lot of limitations on the internal governance of the negotiable fund companies that made them can not function properly. For example, the framework was contorted in course of working on the inside governance. Moreover, the distemperedness of the exterior intendance institution resulted in the information opacity, inside master, nonstandard operation, and so on. All of the above malpractices not only restricted the achievement of the stockjobber, injured the advantages of the partners and investors, crippled the financing function of the negotiable securities market, but also contused the confidence of the middle investors.The first and foremost thing in security investment fund legal system is protecting the interest of fund investors, to realize this purpose, establishing a fine fund company internal governance is absolutely necessary. The realities indicated that the devising of the framework of the internal governance is scientific or not will influence the prosperity of investing fund and the protection of advantages of the fund possessors. Colligating the problems of our country such as information opacity caused by the disfigurement of the fund company internal governance, advantages deficiency of the fund possessors, and so on, contrasting and analyzing the mode of fund governance of developed country, we should supervise the contractual fund of our country interiorly, consolidate the system of supervisors and independent directors, and construct the inspirit mechanism, and so on. At the same time we should try to develop the internal governance of the framework of the corporate type fund investment in the feasible foundation.