Legal Protection Of The Rights And Interests Of Shareholders Of Securities Investment Fund

With the continuous development of capital market,asset management products are increasingly recognized by extensive investors.As securities investment funds is a kind of collection class of finance products,it favored by many investors,vividly described the securities investment funds is a pool full of money which gathers numerous investors’ investment share to invest more professionally.It means investors joint adventure and share the earnings,secured investment funds has attracted the general investors.According to the statistics from The Appointment Fund Industry Association until the fourth quarter of2020,the securities investment fund assets totaled 58.99 trillion yuan,among it the sable of public funds is 20.59 trillion yuan,private equity fund is 17.16 trillion yuan.As the public funds involves masses of investors and most of them are Commons investors who are more widely representative so the author of this paper mainly focus on the public funds.With the implement of the“Securities law(2019 revision)”,review the securities investment fund is necessary.the“Securities law(2019 revision)”will control the front-end,increase the responsibilities of securities’ issuers,add a voluntary disclosure regime,add the investors ’ protection section,add the representative of securities disputes regimen.These laws and regulations provides the safeguard of rules of law to make the securities investment funds operates more reasonableness and effectively.As the securities market is highly professional,the law of market spontaneous adjustment and optimization of the allocation of resources,the author contrast in the analysis of the current situation of China’s securities investment funds and the securities investment fund contrasted to the development and the operation of capital markets in developed countries,on the angle of the aspects of information disclosure,securities investment fund share holder protection,strengthen the regulation of fund manager and custodians,coordinate industry supervision to write specific protection path for the rights and interests of securities investment fund share holders in China.Firstly,it introduces the current situation of the securities investment fund industry and the relevant legal regulations.From the perspective of the nature of the securities investment fund in China,analyzes the deficiency of the legal protection of the rights and interests of the share holders of the securities investment fund.Secondly,through comparative analysis of the development process of securities investment funds in Britain,the United States and Japan,the author studies the changes and development trend of the legal system of securities investment funds in these countries,summarizes their experience and explores the effective path of the development of securities investment fund law in the next stage of China.Finally,combining with the reality of our country,we should further improve the information disclosure of securities investment funds,accelerate the legislative the process of the protection of the rights and interests of share holders of securities investment funds,strengthen the financial supervision in the field of securities investment funds,and construct the multiple disputes settlement mechanism of securities.This paper mainly analyzes the insufficient legal protection of the rights and interests of the holders of securities investment funds in the field of securities investment funds,and suggests that the exemption system of securities disclosure should be built under the premise of voluntary disclosure of information.From the perspective of securities investment fund holders,it is emphasized that the power and function of securities investment fund holder’s meeting should be brought into full play.To improve the supervision of fund managers and strengthen the supervisory duties of fund custodians;Unify the financial supervision framework,and the mode of securities public interest litigation suitable for China should be established.The author’s purpose to write this paper is to achieve the goal-under the financial reform background,the securities investment fund can always keep up with the footsteps of capital market,through the play to the market rule,the premise of the top design,strengthen the legal system of securities investment fund holder’s rights to provide legal protection,make the consumer rights and interests laws circumscribed.