The Research Of The Law Of Variable Interest Entity

Along with the rapid development of capital market, and under the background of economic globalization, the capital market is to produce a VIE this innovation mode. However, for this new system, legislation without any regulation on it. Although, this model has been widely used, and it has more than a decade of history, the development of broke out in recent years, a variety of risks, however, also make the educational world has produced a variety of voice. When challenged, should first discuss the VIE model of legal problems. For it has produced a variety of risks, some scholars is no its legal validity. Some is agree with the innovation of financial market. For scholars agree, it puts forward the corresponding preventive measures. Perfect model of the VIE, however, suggest that more from external regulation, and this paper discusses the way will be more from the VIE model itself, can thoroughly solve the risks encountered.This article is divided into four parts in the structure.The first part of course mainly is introduces the historical origin of the VIE model, and the trajectory of our country. Secondly according to the development on the basic concept and characteristics of the VIE model, framework and content of the legal definition. VIE mode in our country in recent years the rise of the development period and outbreak as well as various types of problems, illustrate the typical issues.The second part mainly discusses the contents of the VIE model legal nature and legal effect, VIE is essentially a contract. Essence in the VIE model based on the analysis in the present stage of its legal nature, the nature of the in-depth analysis of its effectiveness. And the effectiveness of the VIE model problem has always been controversial, the effectiveness of the analysis of the VIE agreements mainly from aspects of the contract law theory are analyzed, thus draws the VIE agreements should be effective.VIE mode is the third part discusses the internal governance issues. Company’s internal governance issues in foreign investors and operations management conflict between entities. And through the way of the VIE model, the content of foreign investors participating in corporate governance is not comprehensive. Is not sound, the related system and the existing foreign investors into the operational entities within the territory of lack of access to company management system, as well as to the foreign investors risk lack of legal relief system after the event.The fourth part is mainly aimed at these problems and puts forward some ideas of some of the VIE model legislation. Current is not a specific law regulations, and in view of the practice of the practice and legislative Suggestions, thus puts forward some Suggestions. First of all, for foreign investors to enter domestic operating entity’s access system should be perfected. Second, should improve the legal system of corporate governance VIE mode. Resolve the conflict between foreign investors with operating entity problems as well as participating in corporate governance is not comprehensive, mainly gives foreign investors in the operating entities of the company’s main body status.