Research On The Legal Regulation Of Equity-based Crowdfunding Platform In China

Equity-based crowdfunding is a kind of crowdfunding that explicitly returns the project equity,and its essence lies in private financing.Compared with private equity investment,private equity crowdfunding mainly completes the fundraising process through the Internet,so it is also called "private equity Internet".In 2009,equity-based crowdfunding rose up in foreign countries and quickly spread to China.With the deepening of equity-based crowdfunding in China,it has been involved in more and more fields,such as education,health and real estate,providing investors with a broad range of investment fields.At present,China's equity-based crowdfunding is still in the exploratory stage,and there are still many problems in the practical operation process.Among them,the equity of the raised platform as equity the suggests activities of intermediaries,must have important role in,completely determines the raising activities smoothly or not,however,due to the imperfect laws and regulations,the platform of the operating mode is not mature,the equity of the raised platform in China is facing great difficulties and risks,in the operation of the serious influence the healthy development of the platform,is not conducive to stake the raise play a bigger role in our country,and threaten the smooth running of the socialist market economy.Therefore,the problems arising from the practical operation of equity-based crowdfunding platforms in China and how to carry out specific legal regulations in the future are of great research value and of great significance to the development of equity-based crowdfunding industry in China in the future.This article from the raise and the platform in our country development present situation,this article analysis current our country to raise the stakes in the relevant laws and regulations,and respectively from the Angle of internal cause and external cause analysis of China's stake in the raised platform problems and deficiencies in the development,mainly includes the equity in our country at present stage the raised platform development problems inherent immature and involved in violation of the "securities law","criminal law" and the external problems of the company law.By reference to the United States,Britain,Italy and other developed countries for the equity of the raised platform related regulations and measures,and combined with our country's development present situation,to meet the risk of some processing Suggestions,it is concluded that at present our country legally able to implement the feasibility of the method,including securities issued by small exemption system,a special stake in the raised platform regulatory rules,perfecting the information disclosure system and off-line interview,enhance shareholder was limited,the number of the exemption system,co.,LTD.With the transformation of the limited liability company.In order to ensure the smooth operation of equity-based crowd-funding activities and provide institutional guarantee for the development of equity-based crowd-funding in China,a better regulation should be made on equity-based crowd-funding platforms in China.As for the new thing of equity-based crowdfunding platform,we should not only encourage it,but also prevent it from uncontrollable impact on the existing legal order and economic environment in China.Therefore,while guaranteeing certain development space for the equity-based crowdfunding platform,it is also necessary to timely follow up and improve the national regulation and regulatory measures for the equity-based crowdfunding platform,and make a cautious attempt for the emerging Internet financing model to ensure the healthy development of China's Internet finance.