Research On The Legality Of Crowdfunding Service Contract

Crowdfunding is a kind of International finance, is a kind of financing method which is aiming to complete some work though collecting majority of fundings.Since crowdfunding appeared in China,a lot of disputes of if crowdfunding is legal appeared,the main reason for the disputes is people’s misunderstanding of the characteristics of crowdfunding.Although there are lots of disputes of crowdfunding,majority of successful cases improve the positive significance of the crowdfunding.The clarification of the legality of the crowdfunding service contract makes the positive simulating role that crowdfunding works in small and medium enterprises and individual financing plays better.Contrast with traditional ficancing method which has perfected laws,crowdfunding bases on the internet,including the financing,the investor and crowdfunding website three subjects, so legal relationship between those subjects are more complex and applicable the recence laws directly may lead a party can not take into account,so it is very important to discuss the legal relationships of the subjects of crowdfunding service contract.This article divides the crowdfunding with equity-based crowdfunding,lending-based crowdfunding, donate-based crowdfunding, reward-based crowdfunding. During the crowdfunding and project produces,there are lots of disputes about the financing or the product of the crowdfunding project,the key of solve these disputes is the define the legal relationships of the subject of crowdfunding service contract.There are lots of dispute on the legitimacy of the contract of crowdfunding service no matter inside China or outside China.Legaslation about international finace has accord in foreign countries.China allowed international finance in some degree,but there are still lack of regulatory documents.The public character of crowdfunding and the positive stimulate for the small and medium-sized enterprise calls the legaliazation of the crowdfunding. Because of the risks of crowdfungding,it is improtant to make criterions of financiers and the crowdfunding service website.Under the legalization of crowdfunding service contract, the artical discuss the characteristics under the angle of legal relationships of subjects.This article uses the research method of semantic analysis and comparatice analysis.Defining crowdfunding service and crowdfunding service contract though contrasting the semantic and reaserching.The article defines the nature of the legalrelationship of crowdfunding service contrast by contrasting with exhibiting space contract,intermediary contract,agency contract,partnership,sales contract,burden attached gift contract,internet service contract. The article research the service of crowdfunding by the research angle of contract,at the same time,crowdfunding is a way of fianancing so while explaining the function of crowdfunding,the article uses some financal knowledges.This article mainly innovation points as follows:diffirent from the recent researches on crowdfunding which are in the angle of finance,there are still less researchers research crowdfunding by the angle of law and the article defines the meaning of the crowdfunding and classicies the crowdfunding service contrast by dicerse standard.Moreover the article proactively explains the legality of crowdfunding and the nessecety of its legalization,researches the characteristic of crowdfunding service contract by the angle of legal relationships of the subject of crowdfunding service contract.