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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不同,契约型基金是依据信托而构造的,公司型基金当然是依据公司法而构造的。但是,两种基金的治理结构仍有相似处,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。文章针对我国在大力发展基金业中出现的各种观点作了简单的剖析,力图从法学的角度澄清概念间、主体间的关系。
There are two types of investment funds: contract type and company type. The governance structure of the two kinds of investment funds is based on different jurisprudence. Contractual funds are constructed on the basis of trusts. Of course, corporate funds are constructed on the basis of company law. However, the governance structures of the two funds still have similarities. The general fund governance structure includes fund investors, fund managers and fund trustees. In fact, the corporate fund is the type of fund subjectivity. This article makes a simple analysis of various views that emerged in the fund industry in our country and tries to clarify the relationship between concepts and subjects through the perspective of law.