Study On The Legal Problems Of Contract Investment Funds In Civil Law Field

In contemporary society, investment funds have become an important investing tool, and played an important role in China's economic development and social progress. But it is such a relatively short time in China's building a socialist market economy that , in many respects, there are still many gaps in the system. The state legislature has mad great efforts in the transplantation of other countries and draw the relevant legal system, but there are many different conflict between the legal systems. Which led to the legal system design concept to the disharmony. From the perspective of the civil legal this paper studies on a number of issues, for example, the fund's ownership is unclear and the composition of the contract has to be identified, and so on with a view to China's fund the improvement of the legal system has played a positive role.The text is divided into four parts as following:The first part: Contract overview of securities investment funds. Contract securities investment funds is through deeds, many fund investors entrust its funds to the expertise of fund managers management, while fund investors share the risks, in investment. The securities investment funds in Japan-one yuan system model, the German dual-mode system, the British co-trustee model, Switzerland is a collection of investment contracts, used in China is of great characteristics of the "common trustee" mode.The second part: the civil rights and obligations of Fund holders. Fund receipts certificate is the ownership documents for the holders of the Fund's share . The main right of the fund holders is the enjoyment of the right fund proceeds. And the fund holders has to transfer their powers which is in their ownership, tolerance fund managers of the fund's commitment; and take the final disposition of risks and responsibilities.The third part: the rights and obligations of fund trustees. The right of Fund trustees and fund managers becomes the agreement signed between the Trusteeship council, in their capacity as the custodians of their funds. Its oversight of fund managers is for the legal rights of the rights conferred. Its obligations mainly include custody fund, in accordance with the instructions of fund managers manage the fund.The fourth part: the rights and obligations of fund managers. Fund managers in the fund's relationship is not ownership, the property fund is a collection of its independence in response to the fund managers. The main right is to acquire management fees, use funds to invest. Its main obligations is loyalty and trust obligations.Summarizes the full text. Fund legal contract between two components, the first one is the trust deed between fund investors and fund managers, which is reflected in the purchase by fund investors to fund the purchase of fund applications and the admissibility of fund managers .Another is the custody agreement between fund trustees and fund managers. Fund sponsors is no longer a part of contract ,and fund managers have to bear his responsibilities. Fund is a "collection of property" ,and the perspective of ownership belongs to the fund holders.