Research, Of The Trust Obligations Of The Securities Investment Fund Managers

With the development of security investment fund and its increasing importance in financial system, the research on the security investment fund legal system becomes the domestic and foreign hot issue. In view of the core status of investment fund manager in fund operation, the research on the fiduciary duty of investment fund manager becomes one of the important contents in the research on the legal system of security investment fund. Abroad especially in those countries where the investment fund industry is well developed, the research in this field had the considerable achievements and has formed the more complete comprehensive legal system in the legislation. However, from our current academic research on the security investment fund, the research on security investment fund from the legal point is small. In the research results, many are on issues such as investment fund manager specific obligations, the regulations of securities investment fund industry and so on. In view of this, the author selects this topic.The paper is arranged as follows:The preface mainly discusses the implication and characteristic of the security investment fund. While pointed out the security investment fund is one kind of special form of commercial trust, the author also points out the security investment fund is already different with the traditional trust, and from the legal perspective suitably we should locate the security investment fund in the form of investment organization. At the same time, the author introduces two fundamental characteristics of security investment fund.The second chapter centers on the legal basis analysis of the investment fund manager's fiduciary duty. Firstly, the author discusses the implication of the fiduciary duty from the Common Law System and the Civil Law System and proposes the two aspects of the fiduciary duty of the security investment manager to make a confession of comparative...