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截止2008年底,我国开放式基金账户总数为1.68亿户,估计约有四分之一的城镇居民家庭参与了基金投资。对投资基金的关注已然成为与人们日常生活息息相关的一件大事。目前,基金总规模已占到沪深两市流通总市值的三分之一左右,当之无愧地成为证券市场的主力。然而,基金业发展过程中也暴露出很多问题,如折损基金业公信力的“老鼠仓”问题、基金信息披露问题、基金监管短板问题,等等。所有这些都凸显出我国有关基金管理的立法的缺失和滞后,以及现行《证券投资基金法》的不适应。本期策划以“修法”为命题,对修法或制定统一的“投资基金法”进行呼吁。其中,不乏对我国目前基金管理制度问题的触及和分析,更结合国内外立法经验提出了相关修法建议。
By the end of 2008, the total number of open-end fund accounts in China was 168 million. It is estimated that about one-quarter of urban households participated in the fund investment. Concern over investment funds has become a matter of great relevance to people’s daily lives. At present, the total fund size has accounted for about one-third of the total market capitalization of Shanghai and Shenzhen stock exchanges, which deservedly become the main force of the securities market. However, the development of the fund industry has also exposed many problems, such as the issue of “rat warehouse” that infringes the credibility of the fund industry, the issue of fund information disclosure, and the issue of fund regulatory shortcomings. All this highlights the absence and lag of our country’s legislation on fund management, as well as the incompatibility of the existing Securities Investment Funds Act. The current plan to “practice law ” as a proposition, the amendment or the establishment of a unified “Investment Fund Law ” appeal. Among them, there is no lack of touch on and analysis of the current fund management system in our country, and more relevant legislative suggestions are put forward based on domestic and foreign legislative experiences.