On The Prevention Measures Of The Legal Risks Of The Crowd-funding

The crowd-funding refers to raise money from public with the help of the Internet platform,the initiator to publish their own creative projects to raise money and give equity or debt to the public in return.As a new financing way to invest and finance, crowd-funding takes the hopes for the small innovative enterprise to solve the problem of financing and for the ordinary people who lack of investment channels.The crowd-funding development rapidly in the United States and Europe, in order to ensure its healthy development, the Europe and the United States have introduced relevant laws.Compared with Europe and the United States, our development of the crowd-funding are facing more legal risks and problems due to the lack of laws and regulations, and is not perfect in the public’s credit system, and the lack of innovation and the concept behind of investors. Therefore, this paper is based on the real development of our country’s crowd-funding, analyzes the legal risk and the legal relationship of the crowd-funding.And make a study of comparative law both home and abroad,and puts forward some concrete suggestions to improve our country crowd-funding based on the advanced legislation experience of the Europe and the United States.This paper is divided into four parts,including the basic theory of crowd-funding,the legal risks.and finally put forward the countermeasures.The first part gives a brief overview of the crowd-funding, including the concept, characteristics, classification, and the main participants and operation process, then make the back of the development and the legislative status of the crowd-funding.The second part has made an analysis to the legal relations and main legal risk in the activities of the crowd-funding.First of all, introduce the relationship between the main participants in the crowd-funding.Secondly, I analyzed the main legal risks the crowd-funding facing, mainly including the risk of illegal fund-raising, of issuance of stocks without approval,of the law of intellectual property risk, of the rights of the supporters,and the lack of regulatory system.The third part selects several representative countries which belong to common law and civil law and have a perfect law in the crowd-funding to make a study of Comparative Law,Try to find some legislation places worth learning for our crowd-funding, and to provide experience and inspiration for our crowd-funding.The fourth part is mainly aimed at the lack of legislation and the main legal risk existing in our crowd-funding development, then put forward legislative proposals to the legal relationship and legal responsibility of the crowd-funding, and put forward the concrete suggestion to strengthen the regulation and preventing of our crowd-funding on the basis of the foreign legislative experience in crowd-funding.