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Analyses The Fund Share Holders Of Fund Managers Misconduct Supervision Mechanism

Posted on:2013-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:L ShiFull Text:PDF
GTID:2246330395473106Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Nowadays the securities investment fund of China grows rapidly; however, in practicethe misconduct of the fund managers who use their own professional advantage andinformation superiority to hurt the rights and interests of the fund share holders hasbecome frequent. Those misconducts have become the extrusive malpractice whichsecurities investment funds practice exposed.This thesis, pointed at this situation, analyses the main expression forms, the causesand the harms of the fund managers’ misconduct behavior, and offers three current waysto accomplish the fund shareholders’ supervision on the fund managers misconductbehavior: the precautionary supervision means based on the fund shareholders’ meeting;the concurrent supervision means based on the fund information disclosure mechanism;and the relief supervision means based on the civil litigation system. And in the light ofthe implementation status and of three supervision measures, the thesis also providessuggestions to the perfection of the exposed problems perfect the proposal.In addition, this thesis also presents several other suggestions to perfect the supervisionmethods against the fund management misconduct behavior, not only relies on the fundshareholders, but also other institutions and organizations. With all effort of thosemeasures, we can make a more reasonable and constructive supervision system of thefund management misconduct behavior.The author hopes that, through this investigation, the fund shareholders will put theirspecial born enthusiasm on the supervision measures against the fund managementmisconduct behavior, and contribute to establishing a more rigorous, scientific, andeffective fund management misconduct behavior constraint mechanism, in order toreduce the possibility of fund management misconduct behavior and safeguard thelegitimate rights and interests of the fund shareholders. The effective protection of therights and interests of investors is the foundation of the healthy development of securitiesmarket.
Keywords/Search Tags:Fund shareholders, Fund manager, Misconduct behavior, Supervision system
PDF Full Text Request
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