Study On How To Regulate The Securities Investment Funds Managers' Personal Tradings

In 2007,Tang Jian ,a fund manager in the China International Fund Management Co.Ltd,who is building on"Mouse Warehouse", was striking the focus again on the operation of the securities investment funds. Especially the fund managers'personal tradings, which not only inhibit the confidence of the investors and damage their profits, but harm seriously the securities market. This article analyzed the three flaws in the regulation on the fund managers'personal trading: lack statutory law concerned; arbitrary attitude of regulation can not work out; and the punishment is too weak. The essential reason is that the statutory law did not contain the fund managers.So,the conclusion is that we should endow the fiduciary duty to the managers in the statutory law. If violating the fiduciary duty, they will not only be punished by the rules of the regulatory department, but also bear the compensatory liability to the investors.This article was composed of the introduction,the main text and the conclusion. The main text divides into four chapters: the first one showed the present situation of the fund managers'personal tradings and the regulation .The second chapter pointed out three flaws in the regulation based on the introduction in the first chapter. The third one took the relevant law department and the experience of the U.S.A for example to illustrate the legal foundation of regulation , and the last one proposed the suggestion on how to improve the regulation on the securities investment funds managers'personal tradings in our country. The main idea is to endow the fiduciary duty to the managers in the statutory law.