On Securities Investment Fund Contract

The contract of Fund is a kind of contract which is made by the fund sponsor, or funds entrusted to sponsor the main sponsor of the Fund in accordance with the law and the fund managers, trustees, to standardize the use of securities investment fund contract. As to this kind of fund contract, the Fund is the most important legal document, the Fund's fundamental law and the basis of securities investment funds.In recent years, China's fund industry has developed greatly, together with the banking, securities, insurance, becoming the pillars of China's financial system. Faced with more and more funds flowing to China and the development of our country' s fund contract, the direct conflict of interest together with the contract arrangements and its existing problem between the fund' s investors and mangers has graduately attached the people's attention. However, because our country's trust industry is developing and there is no clear definition about the fund contract which is considered as the core of the law of China's Securities Investment Fund, so this paper intends to discuss the basis of contracts, the nature, client contracts, the legal status of the parties and the relationship between them, from the Fund's perspective, combined with the theory and practice of foreign countries. Besides to this paper also analysis China' s fund contract status and defects to standard and develop the fund contract to fill gaps in China's legislation.This article is divided into four parts: (1) the argument of the Securities Investment Fund's issues; (2) the basis of contract of the Securities Investment Fund (3) Securities Investment Funds contract' s system; (4) China's securities investment funds legislation contractual defects and the improvements.The first part gives the concept of the fund in analyzing the basis meaning of securities investment funds and this concept's drawing forth is from the basic knowledge level of the securities investment funds. Combined with the introduction of China's current laws, this part also analysis the legal support of China' s securities investment funds and the background of the new of "Securities Investment Fund Law".The second part aims to analysis the basis of contract in detail. This section discusses in detail the Fund's trust law principles of contract, and the relationship between the fund contract and the lease agreement.The third part analysis the relationship of the rights and obligations between the client contracts and different clients. I developed this concept mainly according to the system level and the combination of theory and practice. Meanwhile, This part analysises the different structural model contracts and draws forth the existing problems in the fund contract structure.The forth part analysises the existing problems in fund contract according to the China's contract law and comes up with the related suggests to perfect this contract.