| How to effectively protect the fund holders interests of investors to establish confidence in the fund industry is a key issue for the development of securities investment fund industry.The interests of investors easily because of the securities investment fund the" principal-agent " problem and compromised, plus investment fund operation of the characteristics of external management, so, for the management of the funds problem the first thing to note is the foundation of the internal restraint mechanism, especially the control and supervision of fund managers behavior. Although so far, China’s securities investment fund industry experienced only a little more formal development period, but surprisingly, in the management of the funds has good performance, the momentum of rapid development, formed quite characteristic of the trusteeship system, mainly to solve the internal constraint mechanism problems and control fund managers behavior and other aspects. However with the rapid development of the fund industry, fund management in the process of natural also appeared a lot of new problems, such as the "rat" event, similar to the scandal have frequently been reported, has seriously affected the healthy and sustainable development of the fund industry. Based on this, the majority of citizens have begun to question whether our country managed system is efficient and reasonable. In the development of the fund industry continuously in the process of the various new problems before, for securities investment fund custody system on the theory and practice, has a realistic significance.Perspective on the paper contract Securities Investment Fund, a more comprehensive study of the trusteeship system, from basic theory to foreign practices, and the situation in China, and the various problems of China’s fund trusteeship system sound advice. Of this paper is to illustrate from the following aspects:The first part, mainly expounds the basic theories of securities investment funds, inking introduced contract type fund trustee legal status and the management of people, share holders and the relationship between the securities investment trust fund, the theory of content are briefly introduced.The second part, briefly analyzes the contractual securities investment fund trust model and its analysis. Mainly introduces the contract fund" one yuan is made"," the two element " and" common trustee system" managed mode as well as their representative.The third part, I state the contractual securities investment fund managed the current situation and existing problem. Primarily through the above analysis, to our country the fund trusteeship mode selection were defined, and introduced legislation to the trustees of the elective, duties and responsibilities of the relevant provisions. Other aspects of the Chinese fund trust legal system and a series of problems, such as the trustee of the fund is not sufficient to authorize, fund custodian even want to good functioning of investment fund but only performance of "having a heart but no strength".The fourth part, in the face of China’s fund trusteeship system exists a lot of problems, the author put forward some suggestions, such as the custodian’s inadequate supervision of the problems, put forward suggestions as follows:to the trustee of the fund, we should not only guarantee to fully access to relevant fund operation information, and should be authorized to have more supervision ways, such as advance can be reviewed, found violations can be requested to stop, after can litigation relief. |
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