The Legal Study On The Protection Of The Holder Of The Contractual Securities Investment Fund

The securities investment fund is the important power of the modern capital market. The China's contractual securities investment fund develop quickly and play important pole in Chinese economic, but it also expose many problems. Because of the lack of the protection mechanism, the legal benefits of the fund holder is hurt easily by the fund manager.This paper bases on the legal protection of the fund holder.Firstly, this paper introduce the contractual securities investment fund's concept, the characteristics, and the legal relationship, and then points out the four reasons of the damage of the holder's benefits, including the agent chain, the information, the legal relationship and the investment psychology. On this base, this passage from the view of internal and external, give the law suggestions for the problem of the fund governance and the litigation relief. Internally, we should create the trust committee, increase the independence of the fund trustee, and perfect the system of the fund management company. Externally, by learning the advanced system on the other country ,we should improve our lawsuit procedure on the stock and ensure the fund holder's rightof action.