Research On The Legislative Transformation Of The Chinese Securities Investor Protection Fund System

In order to deal with a large number of brokerage clean-up and small investors compensation in the long-term capital market downturn, China Securities Investor Protection Fund system was established in2005. However, the provisions of the laws and regulations of the Securities Investor Protection Fund system operational details are far from adequate, there are many defects; With the international development of China’s capital market, the positioning of China’s Protection Fund Protection Fund is facing more opportunity for transformation.In this paper, the reality of the Chinese standpoint, international experience as a reference, analysis of legal arrangements under the fund companies functioning in the securities company’s risk control and risk treatment, combined with the new situation facing new risks and investment protect the new requirements, explore ideas and direction of the legislation of the investor protection fund system transformation that our investor protection fund system should be engaged in investor claims settled to guard against and defuse to the prior stock market risk, from the emergency risk measures to deal with a major shift to the normal investor protection mechanism. On the one hand, that the refinement mechanism itself, improve and modify the other hand, to play a more proactive role in the advance prevention, control and post-relief, litigation system functions to expand to further improve China’s securities Investor protection system.Based on the above ideas, remove citations and Conclusion, this article is divided into four parts.The first section describes the operation of the status quo of China Securities Investor Protection Fund system specific legislative protection fund under review, legal positioning, system architecture, works four aspects, to lay the foundation for later analysis.The second part discusses the factors make China Investor Protection Fund institutional transformation, based on the actual situation in the international trend analysis of the problems of the current system. They still need a further research.The third part examines the extraterritorial protection fund system, the United States and Taiwan is selected as a key, a comparative analysis of ideas, classified several major problems our country needs transformation, and summarize the similarities and differences.The fourth part of the combination of China’s securities market, on the protection of the legal system of the Fund, the management structure, statutory functions, compensation rules and procedures of compensation issues legislative transformation proposals.