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目前,我国的证券投资基金关联交易的法律规制还存在许多不完善之处。《中华人民共和国证券投资基金法》(以下简称《基金法》)对关联交易的定义十分不明确,面对目前中国的经济状况,关联交易的法律监管模式也受到社会多方的质疑。再者,《基金法》中对于“忠实义务”的条款也亟待完善。此外,“软法”理论的快速发展在很大程度上有助于实现从“全面禁止”制度向“原则禁止,有限豁免”制度的逐步过渡。
At present, there are still many imperfections in the legal regulation of the related transactions of securities investment funds in our country. The Securities Investment Fund Law of the People’s Republic of China (hereinafter referred to as the “Fund Law”) has a very unclear definition of connected transactions. Faced with the current economic situation in China, the legal supervision mode of connected transactions has also been questioned by various sectors of the community. Furthermore, the Articles of the Fund Law on “loyalty obligations” also need to be perfected. In addition, the rapid development of the theory of “soft law” largely contributes to the gradual transition from the system of “total prohibition ” to “the principle of prohibition and limited exemption ”.