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Research On The Legal Issues Of Protecting The Rights Of Investors In The Stock Market

Posted on:2018-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:K N ZhangFull Text:PDF
GTID:2336330512498815Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Equity public offering is based on the Internet,providing a new type of equity financing channels for small and micro enterprises to raise funds to public investors.In the public business,the background of innovation boom,characteristics of the congregation to raise equity has low threshold and high income is of great significance to stimulate the entrepreneurial enthusiasm of investors and establish a diversified market economy.Therefore,the enthusiasm of investors to participate in the equity market has become the source of power.On the other hand,because the number of options to raise the public Internet platform for increasing the risk of the establishment,the lack of legal regulation of the approved scope of business and financial risk control and exit mechanism has already accumulated and prominent investors suffered has occurred in the domestic and foreign loss events.Based on the important status of investors,the protection of rights as a weak part of the urgent need to be given legal protection legislation.With the pressure to raise public equity first case of Beijing flying Network Technology Co.,Ltd.v.Beijing Nuomiduo catering management limited liability company in Beijing Haidian court verdict,the public equity raise this emerging industry,imminent government regulation,the relevant legislation should be gradually put on the agenda.At the end of 2014,the Securities Industry Association website "private equity raise public equity financing management approach(Trial)"(Draft)referred to as the "measures"),to raise public shareholding qualification platform,financiers and investors qualified definition and the public to raise the platform prohibitive norms to make the rules.Although the development of the public to raise equity plays a certain role in promoting,but not from the angle of investors' protection norms,also did not fine provisions of the rights of investors,and the actual situation at this stage to raise public equity is still a considerable distance.Combined with the status quo of the development of public ownership and the legislative situation of our country,we can see that there are still considerable legal loopholes in the protection of the rights of the investors.First of all,the root of the problem is based on the existing law "Securities Law" and "company law",the question of the legitimacy of the public ownership of shares is still being questioned,specialized laws and regulations are not perfect.Secondly,although the Commission led by the corresponding regulation,but other regulatory bodies are still vague.Regulatory measures and regulatory system is not clear.Third,as the intermediary of the Internet financing platform its rights and obligations provisions are not very clear.Finally,due to the failure of information fraud occurs,the establishment of a sound prevention mechanism and social credit system imminent.Study on the construction of the United States and Britain to raise public equity of the legal system,can be found to have to raise public equity investors rights protection provisions of a more perfect,to all the rights and obligations of the principal have more legal provisions,then compared with China's securities legislation situation,find out the way for the orientation of legislation in china.Finally,it is necessary to effectively protect the rights of investors to raise the rights of investors are not infringed,the fundamental problem is to raise the legal basis for the establishment of the legal system of public ownership.Modify and improve the securities law,the relevant provisions of the public to raise equity special legislation.Clearly involved in the congregation to raise the rights and obligations of multi legal subjects,to raise public access to the platform,as well as the qualification of investors and investors to effectively supervise the classification.Establish a variety of investor rights damage relief channels,and establish a sound social credit system.So as to effectively curb the legal risks faced by investors is a more complete legal protection of investor rights.Equity raise "financial innovation Internet plus" era and Inclusive Finance combination,not only has injected new vitality for the modern financial industry,is the establishment of innovative solutions in the diversification of the capital market.However,the practice of public interest in the congregation to expose all kinds of risks to investors,which requires us to pay enough attention to.Design and improve the rights and obligations of the legislative norms,multi-dimensional protection of the rights of investors to raise equity investors,financial innovation can lay the foundation for the healthy development of.
Keywords/Search Tags:public equity raise, investor rights, risks, the congregation raised platform, regulation, legal protection
PDF Full Text Request
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