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现行《证券投资基金法》已实施六年有余,该法在实践中促进了基金业的迅速发展壮大,意义重大。但某些规定随着市场的发展亦越来越不适应实践的需求,因此有必要进行修改。本文对证券投资基金中的受托人这一角色进行探讨,认为有必要对现行《证券投资基金法》契约型基金中的受托人重新定位,将基金托管人作为唯一受托人,同时设立基金持有人委员会,避免实践中基金持有人利益代表缺位问题。同时,鉴于公司型基金法律关系中受托人地位清晰,制度设计更有助于保护基金投资人利益,《证券投资基金法》的修改应引进公司型基金,并进行配套立法以促进公司型基金的发展。
The current Law on Securities Investment Funds has been implemented for more than six years and this law has promoted the rapid growth of the fund industry in practice and is of great significance. However, some of the provisions as the market development is also less and less suited to the needs of practice, it is necessary to be modified. This article explores the role of the trustee in the securities investment fund and thinks it is necessary to reposition the trustee in the current “Securities Investment Fund Law” contractual fund, treat the fund trustee as the sole trustee and establish the fund holding Committee to avoid the lack of interest on behalf of fund holders in practice. At the same time, in view of the clear position of trustee in the legal relationship of corporate funds, the system design is more conducive to the protection of the interests of fund investors. The revision of the Securities Investment Fund Law should introduce the corporate fund and carry out the supporting legislation to promote the corporate fund development of.