| China's investment fund industry has made huge progress in these years. But many problems still exist because of the immature stock market and imperfect laws and regulations governing the fund industry. Among these problems, the occurring of the conflict of interest transactions is an outstanding one. Illegal conflict of interest transactions may be harmful to the fund investor and the fund industry. So many countries have attached great importance to the regulation of the conflict of interest transactions of investment fund.The conflict of interest transactions of investment fund may result in transaction cost surplus and expense cost surplus and become beneficial to the fund industry. But on the other hand, the affiliated person may damage the interest of the third party and bring moral risk into the fund industry. Therefore, regulating the conflict of interest transactions of investment fund is required to balance the cost of regulation, the resulted benefit and the possibility of controlling them to a reasonable degree.This thesis explores the legal issues regarding the regulation on several specific conflict of interest transactions which usually take place in investment fund industry. This thesis can be divided into four parts. The prelude discusses the background and technique of this thesis.Chapterâ… examines the theoretic base of the regulation of the conflict of interest transactions of investment fund. The author discusses the problem of the theoretic base from economic and legal perspective. Firstly, the author analyzes the legal status of the manager of investment fund. Dual trustee theory is adopted. Secondly, the author explores the fiduciary duty of the trustee. Thirdly, the legal value of the regulation of conflict of... |
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