Research On Legal System Of Supervision To Venture Capital

After the World War Two, the venture capital industry came into its modern form as the result of the formation of American Research&Development(ARD) founded in 1946. Then, especially in the 1980s and 1990s, venture capital industry made a big success in America, and was introduced by Britain, Japan and the other countries. Now, China has absorbed it and promoted its development zealously. Law has played an important role in promoting venture capital industry. Analyzing the legal relationship of the participants in venture capital industry and discussing how to rule venture capital industry by law is the main topic of this dissertation.Based on the field of economics and law, the thesis try to research the necessity of supervision to venture capital industry, the value of the law, the principle of supervision to venture capital industry and the perfection of the law system of venture capital, so as to be helpful to the research in the law of supervision to venture capital. The thesis is divided into five chapters:The first chapter explores the rudimental theory of venture capital. In this chapter the author introduces the concept and legal characteristics of venture capital first, and expound the necessity of venture capital. Then the author introduces current situation of our country's venture capital, which purpose is to strike a basis for expoundtion of the next four chapters.The second chapter explores the foundation of theory of supervision to venture capital. At first, the author use the law interpretation method to analyse concepts of the supervision of venture capital and legal system of supervision to venture capital. Then, the author discusses the necessity of legal supervision to venture capital from the angles that limitation about venture capital industry and the main problem of development in China venture capital industry.The third chapter explores the legal system of supervision to venture capital in abroad, such as U. S. A, Korea and India. Then the author introduces the main contents of supervision to venture capital and the international trend about the supervision to venture capital. The most important part of the thesis is the chapter 4 and chapter 5. The fouth chapter analyses current situation of venture capital's development in China. At first, the thesis recollects the development of the law about supervision to venture capital in China, then the author discusses the detects in the legal system of supervision to venture capital in China, and analyses reasons about this detects.The fifth chapter expounds the perfect of Chinese legal system of supervision to venture capital. Aimed to above detects and reasons in the development of our country's venture capital supervision, it puts forwards the countermeatures to pertect venture capital supervision legal system of China. The author holds that we should adopt the third mold, which is different from govenmental supervision and self-contained supervision, and emphasize that govenmental supervision has important role in current situation. Then the author gives some suggestion to perfect the law and policy about venture capital supervision, and holds that should set up venture capital rudimental law, revise and improve relevant laws such as security law, law of insurance, try our best to bulid a good legal environment for supervision of venture capital. This chapter also discusses the system arrangement of supervision to venture capital in China, holds that set up undependable and reliable system, which should display the different function of govenmental supervision, mendi-orgnization supervision and company's inner control system.