析证券投资基金的治理结构

投资基金有两种类型:契约型与公司型。两种投资基金的治理结构所依据的法理并不同,契约型基金是依据信托而为构造,公司型基金当然是依据公司法而为构造。但两种基金的治理结构仍有相似之处,一般的基金治理结构都包含基金投资人、基金管理人、基金托管人,究其实,公司型基金是基金主体化的类型。我国在大力发展基金业中出现了各种观点,结合《证券投资基金法》,从法学的角度澄清概念间、主体间的关系。

Governance Structures of Security Investment Funds

Security investment funds have tow forms: corporate fund and contract fund. Different legal institutions build the governance structures of these tow kind funds. The principle for contract fund is trust, but the corporate fund is regulated by company law. These two kind funds also have similarities. Both of them contain shareholder, fund manager and custodian. Actually corporate fund is the result of that fund try to become a dependent body. This article gives a brief analysis to the different viewpoints that arise during the development of our country' s fund. Referring to The Law on Security Investment Funds, the authors want to clarify the relationship between the concepts and the bodies.