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对冲基金近年发展迅猛,各国根据本国国情初步建立了监管法律制度。应从改进治理结构、强化自律监管,加强市场约束、提高透明度等方面,沿运营流程和主要运营当事人两条线索完善对冲基金现有监管法律制度。在金融市场全面开放背景下,应未雨绸缪,在放开私募管制基础上根据市场和金融产品发展进程推进我国对冲基金逐步合法化。
Hedge funds have witnessed rapid development in recent years, and all countries have initially established a regulatory legal system according to their national conditions. We should improve the existing supervisory legal system of hedge funds from two aspects: the improvement of governance structure, the strengthening of self-regulation and supervision, the strengthening of market discipline and the enhancement of transparency. In the context of the full liberalization of the financial market, we should take precautions in a bid to liberalize our hedge funds gradually based on the liberalization of private placement and on the basis of market and financial product development.