China's Securities Investment Fund Managers And Duty Of Loyalty

China's securities investment funds in accordance with the principle structure of the Trust, as trustee of the fund managers in dealing with fund transactions, it should regard the best interests of fund holders to the highest standards of conduct, not related Purchase and interests of people with their own The position of conflict, is the fund manager of the course content of duty of loyalty. Related to the securities investment fund legislation does not give full attention to fiduciary duty of fund managers, only scattered individual spring, the actual operating system, the lack of clear legal basis, so that the interests of fund holders can not be subjected to violated a reasonable and effective relief.In this paper, securities investment funds, the fit of the Trust as an entry point to the fund manager's fiduciary duties as the research object, duty of loyalty to the concept of fund managers and regulatory reasons the contents were analyzed and discussed, and faithful to our fund managers Regulatory obligations with a reflection and review, the last remains of the faithful from the trust obligations of the ideal model of fund managers to explore the construction of the path of duty of loyalty, duty of loyalty to China fund manager made the system perfect proposals to regulate fund managers in the Duty of loyalty respects the value and significance.This whole article is divided into four parts, namely, the first part of the trust of the nature of the securities investment fund analysis, the second part of the securities investment fund manager based on the regulation of duty of loyalty, and the third part of the securities investment fund manager's duty of loyalty violation of tort liability, The fourth part of the duty of loyalty securities investment fund managers to view and Improvement.Part of the nature of the securities of investment funds from securities investment trust fund overview of the general principles of trust, securities investment funds of contractual and trust fit Analysis of three aspects of the securities investment trust fund nature of trust in the pursuit of trying to The source of fund managers and basis of duty of loyalty.Trust itself as "Entrusted by the people, generation financial management " of the property management system is the relationship between the core relationship of trust, as trustee of the fund managers in the operation of the Fund must fulfill the duty of loyalty is of course the core content of the relationship between This article discusses the fund manager is the basic duty of loyalty points. This section also independent of the trust property for the same legal characteristics and the nature of the trust beneficiary of the property conducted in-depth analysis and demonstration. The second part of the duty of loyalty securities investment fund manager based on the regulation of securities investment fund manager from the concept of duty of loyalty, duty of loyalty to the trust fund managers based on the fund manager why the regulation of duty of loyalty, the fund manager's main duty of loyalty Four aspects of the system of fiduciary duty of fund managers, fund managers aim is to analyze the duty of loyalty and trust based on the significance and meaning itself are discussed in the Fund Management fund manager in the fiduciary duties to act within the boundaries and scope .The third part of the Securities Investment Fund Manager in the responsibility of duty of loyalty breach of duty of loyalty from the fund manager assumed the nature of tort liability, the fund manager's breach of duty of loyalty Elements of tort liability, the fund manager damages for breach of duty of loyalty Three Specific aspects of the fund holders for property fund property rights enjoyed by property fund managers aim to identify the nature of tort liability and remedies.The fourth part of the securities investment fund manager duty of loyalty to view and Perfection of the securities investment fund manager from the obligation of fidelity to legislative situation, the trust model of the ideal of enlightenment duty of loyalty, duty of loyalty Securities Investment Fund Manager of the three aspects of sound Discusses China's Securities Investment Fund Manager fiduciary duties to the reality of existing regulations and duty of loyalty in the fund manager's position, the scope of related party transactions, the fund management fees charged system, civil liability for damages and civil construction aspects of the remedies proposed Suggestions for Improvement to better protect the interests of fund holders, securities investment fund our country more healthy development.