The Research Of The Problem Of Legal Supervision Of Private Equity Fund Of China

As an investment mode which is different from public offering of the fund,private equity fund is active at the financial market of the western countries. In ourcountry, the development of private equity fund also has a great effect on booming ourfinancial market. However, owing to the time of the introduction of private equityfund is much later than other countries, the legal supervision of private equity fund ofour country is imperfect. Although 《The Investment Fund Law Draft》eventuallybecame to 《The Securities Investment Fund Law》,it still did not solve the problem.The article divides five chapters to elaborate the legal supervision of privateequity fund. Firstly, the writer start from the basic concept and legal nature of privateequity fund, putting forward a thought-provoking problem—Where is necessity of thesupervision of private equity fund? Secondly,Through the analysis of traditionalsupervision of private equity fund in America and the《Registration Act》after thefinancial crisis, the writer tries to sum up the experiences. Meanwhile, the writer triesto analysis the problem in our country from multiple perspectives and put forwardmeasures to supervision of private equity fund though combining actual conditions ofour country.In Chapter One, the writer starts from basic concept and legal features of privateequity fund, elaborate the difference from public offering of the fund. Meanwhile, the author tries to carding the styles of the private equity fund and analyzes the legalnature of it.In Chapter Two, the writer starts from the basic concepts of supervision ofprivate equity fund, analyze the theory foundation of supervision of private equityfund and the risks of private equity fund. At last, the author analyzes the necessity ofsupervision from theory and practice..In Chapter Three, The writer choose a country which its private equity fundindustry is highly developed and its legal system is relatively perfect—America as theobject of study, through the analysis of traditional supervision of private equity fundand the change after the financial crisis, the writer tries to sum up the experiences toour country.In Chapter Four, the writer tries to analyze the problem of supervision of privateequity fund in our country, including lack of legal status、lack of uniform supervisionmode、main body qualification、fund resource、lack of information disclosure system、lack of legal liability system.In Chapter Five, the writer tries to put forward some proposals from regulatoryprinciples and specific measures, such as revise the 《The Securities Investment FundLaw》、improve external supervision system and so on.Finally, the writer tries to summarize the opinion of the whole article.