The Research Of Legal Supervision Of Private Equity Fund Of China

Today, China’s private equity market has become an important part of theeconomy, China’s economic development plays an increasingly important role, reachedone trillion Yuan, becoming the country’s capital market is an important investment,financing way. Not only active in China’s financial market, providing flexible tradingtool, and also for the idle funds on the market to provide more investment channels,and to some extent, solve the country’s small and micro enterprises to financingproblems, while for China standardization of the securities market, provides a moreinstitutionalized perfect path of development.Eleventh China thirtieth meeting of the Standing Committee voted through the"Interim Measures for the business of private securities investment funds","SecuritiesInvestment Fund Law" and the drafting of the Commission, took effect June1,2013implementation."Securities Investment Fund Law" and "private equity investmentfund business Interim Measures," for the first time raised the revised non-public fundsinto the adjustment range, which provides the possibility for the legal status of privateequity funds. However, private fund regulatory legal problems still exist, and "privateequity investment fund business Interim Measures" in the regulatory and legalrequirements of their specific management measures for rational system needs time toprove."Securities Investment Fund Law" and "private equity investment fund businessInterim Measures," although the latest revision of the non-public funds into theadjustment range, but the private equity fund is equal to the non-public fund still needclarification. And these laws and regulations on the law of non-public fund still manydifferences, mostly establish a new system, the lack of more detailed requirements."Securities Investment Fund Law" provides for non-public fund of this chapter is onlya short12, which measures the presence of specific regulatory regime lacking, and the"private equity investment fund business Interim Measures," there are some deficiencies, bound for China stable development of the financial markets has causedobstacles to China’s economic development caused many of the potential risks.Therefore, improve the legal system of China’s private equity fund regulation isnecessary.For this paper, from the perspective of four parts by law to interpret. Starting withthe first part of the analysis of the concept of private equity funds, and thus whethernon-public fund is equivalent to private equity funds were discussed. The second partfrom a historical perspective, describes the development of China’s private equityfunds, then this background, analyzes the status quo of China’s private fund regulatorylegal system. The third part of the draw Britain and United States legal system ofregulation of private equity funds, private equity analysis Implications for China-basedregulatory legal system. The fourth part of the actual situation of legislation, putforward their views and suggestions from some of the regulatory principles andspecific measures.