Legal Studies On The Fiduciary Duty Of Managers Under The Perspective Of Asset Management

The detailed content and the identification standard of fiduciary duty will can be regarded as a key issue in the development of asset management in China.On April 27,2018,"on a standard financial institutions in the asset management business guidance" and a series of supporting document release means that asset management gradually in our country has entered a new era of unified management and control,the priority is to prevent systemic financial risks,the disadvantage is that the managers in fiduciary duty is not quite sure.This article uses the case analysis,comparative analysis and functional analysis,and other important research methods,based on the information of typical case analysis,discussion and analysis of the problems existing in the asset management in our country,put forward by fiduciary duty embodiment and determine the content of the standard of fiduciary duty to solve prominent problems in asset management.Then,through the analysis of the function and advantage of the fiduciary duty of the asset management manager,the legal relationship of asset management is defined as trust legal relationship.Then the feasibility analysis of the proposal is carried out,including the legal obstacles and practical problems to be solved.Finally,combining with the operation of asset management in our country,at the same time at home due to the absence of relevant system design,can seek international experience for reference,aiming at the three stages of capital management business--investment raising,investment management and exit,the fiduciary duty of loyalty and duty of care are perfected and concretized.The purpose is to solve the outstanding problems in the asset management industry by improving the fiduciary duty of managers,so as to help protect the rights and interests of investors,improve the credibility of financial institutions and facilitate the supervision and practice of the asset management industry.