The Research Of The Subject In The Procedure Of The Compact Fund Disputes

Along with the rapid development of the industry, with the growing number of China fund holder is the inevitable result, but at the same time, the defects on protecting the interests of fund investors are emerging, the contradiction between fund investors and fund managers are continuously emerging, the benefits become the small and medium-sized investors damaged the concentration of the chase. The interests of fund investors, however, is the foundation to the development of the fund industry, lose the interests of fund investors to talk about the development, is just like“water without source”, unsustainable. Fund the operation characteristics of "entrust-agent", let the fund holders in the interests of the principal damage after hard to seek relief, should have as the fund holder preferred weapon to protect their rights of civil procedure, but in reality is abandoned, this had to let us to consider. Therefore, the corresponding legal norms will need to be adjusted, so as to better protect the rights and interests of fund investors. In the fund legislation in our country, the pattern choice, the proceedings there are deficiencies in many aspects, such as, in terms of fund disputes litigation, the fund holder of litigation subject vacancy problem is more prominent in fund operation mode in our country is a problem. Operation mode to divide, the fund can be divided into company funds and compact funds(also known as contract funds or trust funds). Company is constructed from the fund is according to the company law, the fund is the company itself, has an independent legal person status, the fund holder is exist in the identity of the shareholders of a company. This mode, the interests of fund investors once suffered losses, can shareholder representative lawsuit way. Compact funds are usually in fund investors and fund managers and custodians three parties by way of the fund contract to establish their own power and obligation. Is compact funds operation pattern of choice in our country, in this kind of operation mode, the fund holder as an individual form but the absence of overall form, this allows the the position of fund holders in the fund contract the other two parties in the game of passive and vulnerable. How in the proceedings for the disadvantaged, trying to protect the rights and interests of the fund holder is now more and more investors, scholars and the focus of the legislature and judicial authority. Although all countries to fund managers in violation of the trust obligation resulting in loss of the fund holder when the corresponding civil procedurerules, but because of legislative foundation is different from country to country, the holder of the legal basis to seek relief is also different.For this reason, this article through the comparative analysis, empirical analysis and other methods, research fund holders in compact funds mode of our country civil procedure, and successive unfolding in determining fund dispute lawsuit main body,in based on the fund disputes on the basis of the actual situation in our country, the corresponding reference to American civil procedure of dispute about the fund in determining the funds aspects of the subject of litigation dispute the defect of fund disputes in civil litigation in our country, and put forward to perfect the interests of fund holders on our civil procedure.