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随着证券投资基金近年来的兴起和发展,各金融机构陆续根据自身特质发行了很多不同类别的集合投资产品。但规范此类产品的现行立法仍存在很大程度的缺漏,不利于明晰当事人之间的权利和义务,实施充分有效的监管。应借鉴国外横向规制的经验和实例,以统和规制为原则,合理界定集合投资的规制范围和内容,构建合理可行的集合投资法律规范体系制度。
With the rise and development of securities investment funds in recent years, various financial institutions have successively issued many different types of collective investment products according to their own characteristics. However, there is still a large gap between the current legislation regulating such products, which is not conducive to clarifying the rights and obligations between the parties and implementing full and effective supervision. We should draw lessons from the experience and examples of horizontal regulation in foreign countries and define the scope and content of regulation of collective investment by the principle of unification and regulation so as to establish a reasonable and feasible system of legal norms for collective investment.