Fund Industry "rat" And The Legal Regulation Study

China's securities investment industry has been rapid developed in recent years. And it becomes one of the major financial intermediaries, and the expansion of financial institutions. However, with the fund industry to flourish, the emergence and existence of such acts "Rat Trading" has become a hinder the development of the industry's negative issues, but also in the development of the industry, and slowly evolved into a rule. It should be said, this one in China in recent years not to be ignored. The highest stock market regulator, the China Securities Regulatory Commission, in addition to giving a series of irregularities and punishes, but also enacted a number of legal documents.It is noteworthy that in 2009 the Commission revised and issued by the Ministry Fund, "Fund management companies investment management personnel management guidance." The "guidance" to invest major funds management companies (mainly to fund managers) conduct specific norms. Moreover, the state passed in 2009, "Criminal Law Amendment VII", by express provision should be investigated for legal responsibility fund industry Rat. The Commission recently issued a "family of employees in fund management, stock investment report prepared guidance",(referred to as "views") of the draft, asked relatives of employees in fund designated securities companies, futures companies to open an account and stock trading And its derivatives to the companies to report before, if not effectively monitor the fund company, the company chairman and general manager will be jointly and severally punished. Opinions of each of the provisions of the interests of both manifest crackdown transport management attitude and determination.However, due to highly abstract language articles, combined with our financial criminal law, the normative content of the complex property crime, and financial securities trading market in illegal, illegal operations, chaos and complex and diverse business, how to accurately understanding and application of amendments (G) on the Rat, and how to implement the provisions of a crime related to "opinion" is bound to face problems in judicial practice. Rat behavior were added against a very large, the current provisions for the effective regulation of the various Rat behavior is not enough, the need for such acts to further strengthen the legal regulation. This article is for the discussion of the issues.