Study On Fund Investors' Rights Protection Problem And Countermeasure By The Fund Industry Association

From the actual situation of our country at present,the de v elop me n t o f th e legal s ystem of protection about fund investors still lags behind the fund market development speed greatl y,investors' rights and interests cannot be effectivel y protected.Therefore,which requires further stud y of the current fund industr y in our countr y the problems existing in the protection about investors and the insufficienc y,anal yzed the necessit y of the protection about investors and legitimacy,and combining with C hina's securities investment fund industr y association's efforts in the protection of the rights and interests of investors and received effect,thus put forward the corresponding countermeasures and Sugge stions,in order to our countr y to establish and improve the mechanism of protection of the rights and interests of investors,direction,to effectivel y maintain health y and stable development of China's financial market.First,a brief review of the basic theor y of the trade association for the protection about investors and the status quo,This paper briefl y introduces the principle and the wa y of industr y association to protect investors.Then focused on the basis of investor protection-risk and prevention principle,the theor y of investor protection,including contract theor y and law theor y,private equit y investment in the "market failure" and "government failure theor y.Based on the anal ysis of the above,in the extremel y rich" Chinese characteristics "of private equit y investment fund industr y," market failure "and" government failure "phenomenon is not eliminated," market-the government "binar y structure to make up for the defects.On the basis of this anal ysis,industr y self-discipline to private equit y investments,there will be a realistic need.Secondl y,according to the current situation of investors' rights and interests protection in C hina's Fund Industr y Association,this paper anal yz es the problems existing in the protection of investors' rights and interests in the fund industr y association,and probes into its causes.Specificall y,the main problems existing in the protection of C hina's fund industr y association the rights and interests of investors in the fund industr y association has strong administrative color,the implementation of information disclosure s ystem is not complete,the fund manager and fund managers are uneven in qualit y of credit.Further anal ysis of the causes of the above problems,this paper believes that the main function of the association is fuzz y a nd illegal punishment and incentive mechanism is not perfect these two aspects of the impact.Finally,selecting the Shenzhen Darrell investment management Limited b y Share Ltd as a case stud y,a nal ysis its performance against the interests of investors,and then anal ysis the fund industr y association in which the existence of investor rights protection work problems.And put forward effective countermeasures and suggestions from three aspects of the regulator y authorit y of the fund industr y association,the construction of information disclosure s ystem and the construction of the self-discipline s ystem of the fund industr y association.First of all,to rationalize the relationship between the association and the C hinese Commission,the regulator y bod y should be homing functions,give full pla y to their respective functions;second,the establishment of information disclosure s ystem of scientific and rational;third,self regulator y organiz ations should give full pla y to the role of self-regulation.