The Legal Problems Of The Institution Of Chinese Securities Investor Protection Fund And Its Perfection

In August,2005, learning from the overseas experience in China set up funds, toreplace the government with the central bank refinancing securities company risksecurity administration mode. But during six years, protection fund improperundertakes to indemnify the central bank refinancing debt obligations of old, continueto use case and approval of securities company risk way, not only not establish themercerization of risk disposition rules, setting up a stock company instead involved insecurities business operation, together with its board governance structure of theunbalance of the fund makes the operation, in essence is still continue the risk ofcharismas whose disposal, also failed to achieve fund to establish the risk of securitiesmarket prevention and treatment mechanism of the system of the target. This papertries to analyzes these, and on the analysis of the reason for our country on the basisof the fund system of the perfect name to be way. This paper, besides introductionand the last word, the text is divided into three chapters, main content includes:Chapter one: of securities investor protection funds in the paper. This chapter ofthe theoretical foil for the full text, first of securities investor protection funds todefine the concept and nature, and then to its function is concluded, behind both athome and from abroad to respectively discussed Angle of securities investorprotection funds production and the development, and focuses on the course in thedevelopment of our country.Chapter two: our country of securities investor protection funds of the currentsituation and problems of the legal system. This chapter for this article core place,mainly from the operation objectives, funding sources, using the capital, protectionfund company management structure in the aspects of securities investor protection funds operation laws and regulations, and combined with protection fund companywas founded nearly seven years of practice analyzing the existing five big aspectmalpractice, the countermeasures for perfecting the provided the basis and objects.Chapter three: perfect our country of securities investor protection funds lawsystem of ideas and countermeasures. This chapter also for this article core place,mainly from our country of securities investor protection funds with the legislation inour country of securities investor protection funds relative systems on theoptimization of the two parts. The former focus on protecting the operation of thefund goals, funding sources, capital operation, the improvement of the compensationmechanism. The latter from the commercial Banks custody system, the stock marketsupervision, the strengthening of the self-discipline investors education and the civillitigation system four aspects to be perfect.