Relevant Law Research On Fund Holder's Voting Right Of China

As a new emerging finance shape in our country, the negotiable securities investment fund has obtained the amazing development in the short several years. Meanwhile, questions began to reveal out suddenly and violently, which influenced the further development of the investment funds. Among them the weak status of fund holder, poorly protected rights and interests, the unobvious administration function of holder's conference have already become the greatest stumbling-block on the development of security investment fund in our country.Although our country has promulgated "Negotiable securities Investment fund Law" in 2004, which plays the extremely vital role in protecting the fund possessor's rights and interests, on the regulations of some concrete systems, there are no related legislation, and the processing function is non- strong. It is not the perfect measure to protect the rights and interests of fund holder. As a result of this, the fund holder can't fulfill the efficient supervision on fund caretaker and fund trustee. The fund holder lacks effective route and mechanism in safeguarding their rights, thus the administration structure of the fund is not complete.This thesis recognizes the essential to the security investment fund, and it clearly analyzes the legal relations between the fund parties. It reconsiders the essence of security fund within law terms in a totally new way and claims that security fund combines two kinds of systems including trust and corporation, it is not merely trust. The article catches the key of the fund holder's voting right, and carries on exhaustive comparison between this and voting right of stockholders. It has drawn lessons from the protection of voting right of stockholders. Then it constructs and improves the items existing in legislation and practice. Through the sufficient enforcement of the voting right, fund holder's weak tendency status in the fund party and fund holder's conference and their right of utterance can be changed.Legislation is essential for the optimal development of the fund industry in our country. The study on fund holder's voting right within this thesis is just one part of research relevant to security fund management laws, which need cooperation and support in other related fields.