从完善基金仲裁规则的角度谈基民权益的保障

Protection of the Rights and Interests of Fund-Holding People in Perspective of Improvement in Arbitration Rules of Funds

近年来,基金业整体规模持续扩张,由此引发的基金投资纠纷增长很快,其中涉及基民权益保障的问题一直难以解决。究其根源,不对称的仲裁法治关系成为制约投资者权益保障的主要障碍。而双赢的仲裁法治关系的建立要求改变基民权利保障的内外部环境,维护仲裁救济意思自治的内在价值体系。由于基金投资的集体仲裁机制尚未建立,第三方的公信力不足以确保实现实质上的社会正义,因此,赋予基民"二次选择权"、建立判断型的调解制度等措施的实施,将有利于基民自益权和共益权的实现。

In recent years,the fund investment disputes which are caused by the continuing expansion of the fund industry′s scale have been difficult to resolve.Especially,asymmetric relationship between the rule of laws in which the arbitration to solve such problem become the bottleneck.Improving the significance of the Arbitration Rules of the Fund is to change the basic civil rights remedy of the internal and external environment,maintaining autonomy of the arbitral remedy the inherent value system.Because the collective fund investment arbitration mechanism has not been established,the credibility of a third party is essentially insufficient to ensure the realization of social justice.Therefore,to give investors a ＂second choice＂ and to establish the judging mediation system will be conducive to the realization of self-interest rights and common interests rights for the fund-holding people.