Study Of China's Private Equity Fund Regulatory Legal Issues

This article is the study of Privately Offered Fund, which is a new financial phenomenon appeared in China's securities market. As an investment tool, Privately Offered Fund has developed for nearly a century in foreign countries, and gradually formed a set of mature operating modes. It is now playing an important role in the financial sector. Privately Offered Fund has also developed for more than a decade in our country. Statistics show that: the sum of various forms of Privately Offered Fund has reached a trillion yuan by the end of 2008. It has become an important component in China's securities market. However, due to the lack of definition and protection of Privately Offered Fund in our country, and there are also a lot of immature in the development process, it is necessary for us to do an objective analysis about it, and to propose specific regulatory measures.In addition to the Introduction and Conclusion, this article includes three chapters: ChapterⅠis the basic theory of Privately Offered Fund.ChapterⅡis the comparative study of Privately Offered Fund at home and abroad. ChapterⅢis about how to establish the Legal Regulatory System about Privately Offered Fund in our country.Among them, ChapterⅠis the basic theory of Privately Offered Fund. Through the comparative analysis about Privately Offered Fund and ubiquitous so called Private Agreement Funding domestic, it concludes the definition of Privately Offered Fund. At the same time, it also describes the classification and general characteristics of Privately Offered Fund. Through the comparision among Privately Offered Fund and relative concepts, the purpose is mainly to avoid misunderstanding among them and to reflect the characteristics of Privately Offered Fund, in order to provide a theoretical basis for specific measures of the Legal Regulatory System about Privately Offered Fund below.ChapterⅡintroduces the development of Privately Offered Fund at home and abroad, and compares between them. In addition to introducing the development of Privately Offered Fund all over the world, there are other two points: first, to analysis Legal Regulatory System about Privately Offered Fund overseas , mainly including Britain, the United States, Japan ,Hong Kong and Taiwan, and also to conclude the reasion of its prosperity, in order to give some useful reference to the development of Privately Offered Fund in China. Second, a detailed analysis of its development, the current status and the problems that exist when progrcessing is given. The causes of these problems have also been analysised in this chapter .ChapterⅢis the main body of this article. It trys to find the shortcomings of the Legal Regulatory System about Privately Offered Fund through A series of analysis, and to conclude that the establishment of the Legal Regulatory System about Privately Offered Fund in China is mostly needed. By analyzing the difficulties that the Legal Regulatory System about Privately Offered Fund is facing now, it trys to identify the issue that we should pay attention to. And the path of the Legal Regulatory System about Privately Offered Fund is also given. The conclusion is that we should coordernate Legal departments about Privately Offered Fund first, and realize the result of Separate legislation eventually. Finally, it discusses the model and specific content of the Legal Regulatory System about Privately Offered Fund. Combined with China's national conditions and the characteristics of our Privately Offered Fund, it makes recommendations about the issue, operation, Resolution of Dispute of Privately Offered Fund, in order to do some useful exploration about a lot of problems in the legislative process.