Securities Investment Fund Holder's Legal Protection

The security investment fund is one of the greatest creations in 19 centuries; it is still developing with the financial creative and financial globalization going on. The industry develops fastly, but the legislation research is far behind it. The traditional research stays around mostly to the fund governance, the fiduciary duty of the fund management, the fund legislation and the supervision, and few carry on the research of the fund holder's protection, especially in the perspective of legal construct and governance of funds. But the fund governance is the focus of international fund research , and the fund holder' s protection is one of the main purpose of fund legislation, therefore research on fund holder's protection in the respect of the legal construct and fund governance will be the emphasize of fund legal research . The fund can be divided into the company type and contractual type in the organization structure . No matter which kinds it is "be subjected to a person it give, generation person finance managing" to a principle of trust systemize highly. Because the company type fund has advantage of the fund holder protection, it is an inevitibale trend to introduce the company type fund in our state, this text analyzes the legal theory general principle of the fund holder's protection, and then research on the fund governance in comparative law, and then analyses the environment of the company type fund, try to ponder on it.This text is divided into six parts, in the perface I will mainly poin to the write motiviation, put forward the problem, write the meaning of the topic , general theories presentation, the method of research .Chapter 1 generationClarify the concept, law property, characteristic, content of the security investment fund, the fund type and develop history, and discuss the fund relation the party concerned.Chapter 2 analysis to the legal theory and condition of fund holder' s protection , mainly make use of the legal theory method to carry on the value analysis to it.Chapter 3 clarify the present situation and problem through the comparative law research on fund governance.Chapter 4 to perfect fund holder protection in our country:Introduce the company type fund in our country.In the end summarize up the standpoint.