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证券投资基金的本质是信托，它是信托品种的创新。证券投资基金立法的重点是权利义务设计。在进行权利义务设计前，须正确认识三个基本问题：信托契约、基金财产权、主体关系。在此基础上，以对投资者利益的保护为核心展开，特别强调了经理人将基金资产交由保管人保管的义务，信息披露义务，监督保管人的义务，保管行使与基金资产有关的权利及受益人的受益权。至于证券投资基金法律体系设计，考虑到对证券投资基金我国应走先规范再发展的道路，并考虑到证券投资基金立法与证券法、信托法、公司法的衔接，提出了单独制定调整证券投资基金规范的主张。
The essence of securities investment fund is trust, which is the innovation of trust varieties. Securities Investment Fund legislation focuses on the rights and obligations of the design. Before carrying out the design of rights and obligations, we must correctly understand three basic issues: the trust contract, the property rights of the fund, and the relationship between the parties. On this basis, the protection of the interests of investors as the core, with special emphasis on the manager of the custody of the fund assets custody obligations, the obligation to disclose information, supervise the custodian’s obligations, custody and the rights of the assets of the Fund And beneficiary’s right to benefit. As for the legal system of securities investment fund, taking into account that our country should take the lead in regulating and re-developing the securities investment fund, taking into account the connection between securities investment fund legislation and securities law, trust law and company law, the paper proposes a separate formulation and adjustment of securities investment Fund norms advocate.