| The 21st century is the era of the knowledge-driven economy. The important characteristic of it is that the high-new science and technology develop the decisive factor to economy, society. Since middle period of the 20th century, the third technical revolution taking technology of the computer as the core, manifests the dawn in era of knowledge-driven economy. Being each country" commanding point" that district tries competitively, the new high-tech industry becomes the economic main point of growth and the main power of the society development continuously.Going down under the background generally in global economic development, American economy has still kept high-speed growth in the past 10 years, because the closely related development level has high scientific and technological industry. U.S.A. pays attention to and strengthen Hi-Tech R&D and input with Venture Capital (VC) very much. Industrialization of scientific and technical result rate gets up to 60%, scientific and technological progress' contribution rate to economic growth up to 80%. The development path of intensification makes American economy realize the steady growth of the high speed.Our country has 30,000 scientific and technical results obtained patents, transformed products only 20% every year, realized only 5% of industrialization. Scientific and technological progress is about 20%-30% of contribution rate to the economic growth, lagging behind the western developed country greatly. Our country wants to set up socialist market economy, build the well-off society from every side. It is very difficult to imagine without VC mechanism. Because VC has to be so great contribution to one national economic development, in order to promote the industrialization of scientific and technical result of our country, we study VC, relatively use others'successful experience for reference to grow at a sustaining, fast and sound manner for national the economy.The above-mentioned reasons impel me to study VC. I got finally some thoughts from numerous materials about VC through nearly a year preparation. Up till now, because of still seldom studying VC legal system systematically, it is difficulty to write the article.Full text has over 50,000 words and it is divided into introduction and five chapters. The text begins with the introduction that describes what VC is mainly. The legal system design of VC in our country is studied from chapter 1 to chapter 5.The part of the introduction: Speaking from cause the study at first, lacking the mechanism of VC is the key that our country scientific and technical innovation lags behind western developed country. Then, defining the concepts that the text uses, such as investment, VC, system, legal system. Finally, introduce the research approach and purpose of the text.Chapter 1:Studying VC legal system on "what ought to be" and "what is". VC is a new thing in our country, and an objective reality too after all. Being legal system, it is not impossible to reflect the real world. But there is always lag between VC in reality and legal system. We must make ourselves clear that "what ought to be " and "what is" about VC legal system.Chapter 2:Studying the law of VC and the legal system of VC. VC legal system in our country takes the law of VC as the core of foundation, involved different law departments and different legal norm. Section one, has introduced the concept and nature, basic principle and content of the law of VC mainly; Section two, has introduced the legal system of VC mainly, pointing out it is a very complicated system, involved different laws of departments and different legal systems.Chapter 3: Study the VC legal system of venture enterprise. Two important questions in this chapter are studied: organizational form andcapital system of venture enterprise. Based on successful experience of foreign venture enterprise, our country VC needs the limited partnership and the authorized capital system. Also, we must make essential innovation to legal system correlated... |
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