The Compact Relationship Between Securities Investment Funds Law Subject Studies

In our current fund legislation to fund legal relationship main provision is notperfect, in practice the main fund legal relationship is chaos, the respective rights andobligations are not clear, it has become a very important reason of China’s fund marketdisorder. This article from the contractual securities investment fund legal relationshipmain problem proceed with, analysis of China’s current legal issues, the discussionsolution, seeking a more reasonable and legal relationship between the main relationshipmodel.This article is divided into five parts: the first part is the contractual securitiesinvestment funds Legal Relation theory. Securities investment fund which discusses theconcept and basic types as well as the contractual securities investment funds Legalrelation. The second part is the contractual securities investment fund law. The third partof our contractual securities investment funds Legal Relation mode. Through the Germanmode and Japanese mode comparative, elaborated our country the contractual securitiesinvestment fund legal relationship main body mode, namely" the joint trustees mode".The fourth part is our country the contractual securities investment fund legalrelationship subject analysis, of which around three main problems. Aiming at the threeproblems, the fifth part of the article discussed the solution to China’s contractualsecurities investment fund legal relationship main problems, namely, improve fundmanagement person duty, regulation of connected transactions; strengthen the fundcustodian independence, perfect the supervision responsibility of fund holders;strengthen the self protection ability, perfect system of fund holder assembly:" knowyour customer" principle, increase the fund set up a system of qualified investors.Through discussion and research, this paper finds out a more reasonable mode,namely" the fund custodian direct liability". This mode is selected to solve the fundlegislation for the fund manager and fund custodian institution set up relationshipbetween irrational, realize the true sense of the fund custodian of the fund managers ofpower restriction, breaking the existing fund management person the legal relation mode.In determining the selection of basic models, this article through the analysis of practicalproblems, proposed in view of our country the contractual securities investment fundlegal relationship main way to solve the problem, has a strong value of time.