Study On The Civil Liability Of Securities Investment Fund Employees

Abstract:Securities Investment Fund practitioners Infidelity is dealing with investors or management of affairs, disposition investor property or property interests of the fund company employees, deliberate misuse of authority or breach of fiduciary duty, property damage to the interests of investors. Investments in securities Infidelity appears there are four main reasons:Fund legal system is not perfect; Infidelity in criminal and civil liability missing; Fund for external supervision; internal control system is not perfect. It is because of the existence of the above reasons, led to the securities investment fund Infidelity frequently. Infidelity Securities Investment Funds practitioners share holders of the fund, the fund manager, the fund company fund industry as a whole have a great harm. Employees of the securities investment fund held on Civil Liability for breach of trust is facing many problems. The biggest problem is that the existing provisions of law principles it too, so that the act is basically in an unrestricted state. Emphasis on the use of criminal and administrative means, the more neglected the role of civil liability, resulting in securities investment funds Infidelity raging, it should improve the existing securities investment fund practitioners Infidelity civil accountability system. In the investigation of his civil liability, the first of its civil nature required to make judgments, because the act of illegal people and there is no contractual relationship between the victim and therefore, the behavior of civil liability should be recognized as tort liability. Means the lack of evidence of the victim, so the use of the principle of presumption of fault is more appropriate. Practitioners in the securities investment fund Infidelity tort elements identified, due to the characteristics of the securities market, the calculation of the amount of damages should be based on the violator’s illegal gains as the damage amount. In the determination of causation, due to the combined effect of price is the result of many factors, it requires the use of the principle of presumption of causation. In civil compensation, due to frequent changes in fund holders and should therefore be to buy a stock fund companies fund holders as an injured subject. Securities Investment Fund practitioners Infidelity although not completely contain a short time, but with the further refinement of civil liability system, through improving the existing system of supervision and law enforcement, increasing its cost of illegal, the behavior of rampant situation is expected to improve.