A Study On The Legal Problems Of Commercial Mode

With the Internet continued penetration of traditional industries, crowd-funding began to enter people’s vision, the 2015 can be called "the first year of crowd-funding era". With high degree of concentration of the industry developing, the number of platforms rising sharply, crowd-funding pattern and products innovating, c rowd-funding has been very popular in Chinese business. “Crowd-funding”,the new term comes from Europe and the United States, is a business model innovation.It not only can achieve low-cost financing,the entrepreneur also can employ people,raise intellectual and fund by “Crowd-funding”to make full use of resources.It can help entrepreneurs open up contacts,raise resources and expand the market. In the view of the Internet, “Crowd-funding” reflects its core of “equality, openness, cooperation, sharing”, the network enables the return to the essence of finance, information is more symmetrical,further reducing the cost of financing. The resources on the Internet can be reassigned integration, the Internet will make innovation on crowd-funding, breaking financial monopoly,thus everyone can achieve entrepreneurship and investment.Financial reform program eighteen Fourth Plenary Session proposed has brought new opportunities, and on January 28, 2015 the State Council executive meeting of the State Council mentioned "mass entrepreneurship and innovation" is a new direction of Chinese business, give increasingly broad space for development.But as a result of crowd-funding development in our country starts late,for crowd-funding there are some blank legal regulation,combined with the virtual nature and complexity of online transactions,leads to crowd-funding hidden in trading more legal risks, including the risk of illegal fund-raising,the risk of intellectual property, the risk of credit environment and so on. How to effectively solve these problems related to stability and orderly development of crowd-funding,in perfecting our country’s regulation of crowd-funding need based on the experience of the countries outside crowd-funding development at the same time,guide the development of Chinese crowd-funding.Article starting from the theoretical concept of crowd-funding,on the basis of the status quo of development at home and abroad,analysis of revelent legal relations,pointed out our country existing in the development of legal risk and insufficient regulation,by using the experience of the development of the countries outside,put forward suitable legal advice on the development of crowd-funding in China, helping the majority of the financing needs of persons, the crowd-funding platform operators and investors to improve risk prevention awareness, safeguard their legitimate rights, and explore the crowd-funding development and regulatory direction for our country,thus contribute to the construction of the legal process.This paper is mainly divided into three parts. The first part is about the crowd-funding overview, mainly introduces the features,operational processes,functions,classifications of crowd-funding and crowd-funding development situation at home and abroad; The second part is combing through the first part,showing the problems and legal risks faced in the development of crowd-funding;The third part points out the necessity of improving regulation through the analysis of related problems and the legal risks of crowd-funding. It also puts forward some constructive and practical suggestions and legal countermeasures for the development of our country by learning from experience of the supervision system of developed countries.