The Haifu Investment Sued The Gansushiheng Capital Investment Disputes In Civil Law Analysis

The Haifu Investment sued The GanSuShiHeng case appears to be very common replenishment pile dispute, but both private equity investments in the widespread use of the terms gambling agreements signed in the presence of widespread concern replenishment contract. Agreement on gambling is the practice of private equity investors in terms commonly used in the investment, financing is a result of both games. Agreement on gambling as a mature capital market instruments widely used, its legitimacy can not be put into words, but on its legality in our country is still in a fuzzy state, the current law does not incorporate its provisions are legal or illegal, and Shi Heng investment v. Gansu Admiralty case will bet the first question the effectiveness of the agreement in court, while the two trial courts and for different reasons have announced their effectiveness is invalid, which caused a great panic in the industry. This article will "gamble agreement," said the first case v. Admiralty investment capital of Gansu Shi Heng dispute case, for example, on issues related to gambling agreement legal analysis analysis of the basic facts of the case as well as the existence of social gambling agreement background, the prosecution of the case by the plaintiff, the defendant, appellant and appellee, laws and regulations and the grounds of appeal the verdict and the defense is based on three courts summed up the focus of controversy in this case both sides. This article will focus on the analysis of three case judgment is based on three courts and the reasons and legal basis to prosecute the parties, the appeal, the focus of the reason the respondent, the analysis of cases of controversy. Specific findings of fact from the court of first instance verdict is clear; legal relations court verdict is correct; applicable laws and court decisions if there is an obvious error; court verdict, the legal basis for the terms of the Capital Increase Agreement" called investment, in fact, borrowing " exists other aspects of the dispute in detail the focus of both parties, the facts of the case in order to restore the truth. In conclusion, the article, the author of the gambling agreement on judicial practice and the revelation of the gambling agreement between the two sides to carry out risk prevention recommendations made little inspiration. Supreme Court of Final Appeal ruling, opened the country on issues related to gambling agreement by the terms of the effectiveness of theoretical research phase to the operational phase of legal practice and has taken a solid step forward, this decision reflects the country’s highest judicial level agreement to the terms of the effectiveness of gambling legal values. Finally, I believe that the recognition of the legitimacy of the agreement and the status of gambling be regulated, to build a socialist legal system and the development of multi-level capital market is of great significance.