The Choice Of Law For The Form Of Private Equity Fund In China

21st century, the rapid development of private equity funds, has become one of the important means of financing after the IPO and bank loans. Private equity funds in the world, especially in China ushered in the climax of explosive growth. The private equity fund is to obtain low-cost financing to SME and the best way to the introduction of state-of-the-art management approach. Therefore, to solve the bottleneck of our current SME financing, to promote technical innovation, and to enrich the level of capital market and improve the pattern of China’s current high proportion of indirect financing, maintaining the stability of the financial system need in our country to vigorously promote the private equity fund development and improvement, and promote the development of private equity funds focused private equity fund organizational form suitable for the operation of our practice to choose.China’s fragmented legislative status quo but still there are many loopholes in the system, these have a serious impact on the prospects for the development of the private equity fund in China, of which the most prominent is the organizational form of private equity funds in China there is a serious flaw. This gap exists between the development status of China’s private equity fund our existing legal regulation highlights the urgency and necessity of establishing a legal system.This article is from the current development of China’s domestic private equity funds, the current development of China’s financial markets and the context of the current world economic and financial globalization, the observation and study of China’s private equity fund organizations exist in the specification development in the form of some of the fundamental issues based on the organization in the form of private equity funds, through the combination of theoretical analysis and practical investigation to identify the most suitable at this stage of practical forms of organization of private equity funds, the legislation of the organizational form of private equity funds in China choose to come to a reasonable conclusion, and make legislative proposals, the smooth development of the private equity funds in our country. To promote financial restructuring in China and healthy development of the capital market, to meet the investment needs to play its positive role. The future development of the private equity fund in China to achieve the development of private equity funds and maintain stability in financial markets, the positive interaction to help and learn from. Remove the introduction and conclusion, is divided into five parts. The first part, start from the basic theory of the private equity fund and its form of organization, defined the concept of a private equity fund, thereby Analysis of the three forms of organization of the private equity funds, corporate private equity funds, the Trust made private equity funds, private equity limited partnership fund concept, connotation, operational structure and practice of the status quo. The second part, from different perspectives, such as the legal environment, the interests of all parties, running stability a comprehensive analysis of the considerations, dissect the specific pros and cons of the three forms of organization of the private equity fund. The third part, Britain, the United States, Japan, and Taiwan, for example, Analysis of a the extraterritorial private equity fund organizations in the form of legal practice. The fourth part, the choice of law to explore the organizational form of private equity funds in China, analyzes the advantages of this stage corporate private equity funds, the Trust made private equity funds exist a series of questions on the feasibility of the implementation of limited partnership private equity fund and its development systems analysis. Forward reasonable proposals after the fifth part, be determined before the organization of private equity funds in China in the form of legislative choice-limited partnership, the limited partnership private equity fund in China’s development and improvement to the Construction of the private equity fund optimal forms of organization, and vigorously promote the private equity funds to help in the development of our country and learn.