Research On Legal Supervision Of Chinese Private Fund

Private fund is expedient to set up, flexible and covert to invest, and has great chances to be rewarded abundantly. Owning to above traits, private fund has developed greatly in the world .The private fund of our country appeared in the unique conditions of institution and economy, irresistible capital force exist in China. Obviously, because monstrous private funds in quantity has not been admitted and supervised by law, there are many problems and risks on the operation of private fund. We must face squarely the reality and the problems of private fund, use for some advanced experiences from developed countries, supervise private fund properly, and guarantee the development of private fund healthful within the framework of legal system.The paper is composed of four chapters.Chapter One is summarization. Item One expatiates on the implication of private fund .firstly I introduce the definition, trait, category of private fund. The author compares the private fund with other conceptions in detail, and draws the conclusion that the essence of private fund is trust. Item Two narrates the theory of legal supervision on private fund. There is great necessity of legal supervision; the goal and principle of legal supervision on private fund direct the practice of private fund.Chapter Two is about legal supervision on private fund in developed countries. Item One and Two gives an introduction to the development of international private fund with history analytic measures, in the same time, analyses the trend of international private fund. Item Two provides a clear description of supervision on private fund in America, Britain and Japan, Especially discusses the private fund system in America at length. The author extends an overall perspective about the Characteristic of America' s supervisory system, qualifications of investors, the legal norms of private issue, the manager of private fund and disclosure of information. These will provide some valuable experience for the supervision of Chinese private fund system.Chapter Three is the synopsis of our country's private fund and the current situation of legal supervision. Item One analyzes the reasons that private fund comes into being in, makes a summary to its phases of development, trait of Chinese private fund. Item Two places emphasis on problems of private fund, which has restricted the development of Chinese private fund. Item Three discusses the legal supervisory system and supervisory departments cornering about private fund in china, which will be the framework of future china's legal supervisory system of Chinese private fund.Chapter Four is the summary of legal supervisory system of our country's private fund. This chapter is on the basis of other countries' experiences, the author put forward practical suggestion of supervision on our country's private fund. There are some items as following: Item One is the legal supervision on participator and relevant parties of private fund. In this item, the writer gives details on Concrete measures of legal supervision on investors, sponsors and manager, trustee of private fund. Item Two is the legal supervision on establishment and termination of private fund. Item Three is the legal supervision on capital resource of private fund. the main point focus on before and after of establishment of private fund. Item Four is the legal supervision on information disclosure of private fund. The writer states how to supervise the information disclosure of private fund effectively in ways of counterparts, time, contents and procedure of information disclosure.The thesis uses the techniques of history, comparison, deduction and induction and thus reasonably comes to the conclusion. On the basis of the comparatively mature theories and practical experiences in foreign countries, meanwhile combining our own country's real conditions, the writer brings forward the particular suggestion on supervising measures of our country's private fund, which has great realistic significance to the development of our country's present private fund.