Research Of The Legal System Of Venture Investment Subject

The law is born with tetragonal and cons, exactly as antagonism which is the natural civil features of the law. Plea is the characteristics of the law and the way it works. The logic and philosophy are born in this confrontation. The various parties’continuous confront and balance, with the contradictoriness and the conflict, finally turned to the law. This paper choose risk investment subject legal system as the research object, to discusses the legal system of venture capital operation from the perspective of the main body of venture capital, meanwhile putting forward measures to improve our legal system of venture capital base on referring to the successful experience of the foreign investment legal system. This paper includes four parts.The first part mainly summarizes the main body type of venture investment. First of all it defines the concept of venture capital, and then sums up the features of venture investment, at last it briefly discusses the type of venture investment subject. Venture investment subject mainly include two categories:the main and auxiliary subject. Main body includes venture investor, venture capital institutions and venture capitalists, the invested enterprise tripartite main body. Auxiliary body is the institutions for risk investment to provide ancillary services, this intermediary organs consist of investment banks, accounting firms, information consultancy, law firms, appraisal agency, etc.The second part has mainly carried on the empirical analysis to all kinds of risk investment subject, namely from the point of view of the different main body to analysis the rules of venture capital operation, it also analyzes the risk of the specific investment operation from the micro level and how to balance and regulate the rights and obligations of the main body. The rights and obligations of risk investors are regulated by the related contract and laws. Venture capital institutions and venture capitalists are the core subjects of the venture capital institutions, functions as the link among all kinds of affairs in the progress of risk investment. Connect the preceding is mainly manifested in raising venture capital from venture capitalists, and connect the following is mainly manifested in to provide capital and value-added services to entrepreneurial companies, and to supervise start-up companies. The organization form of venture capital institutions mainly include corporations, partnerships and trust system. Startups is the recipient in capital, as well as the ultimate source of capital gains, organization forms of startups are also very important, different forms of organization will have their own advantages and disadvantages in attracting venture investment capital.The third part is to conduct introspection of the present development situation of the legal system in our country venture investment. At first it discusses the history of venture capital industry development in our country, and then take the United States as a reference, investigate the operation of venture capital industry in China, and found that the number of defects and the insufficiency, such as simplification of investment subject, the socialization degree in main source of capital is low, the risk investment organizations form is single, etc.The fourth part mainly in the drawing on the successful experience of foreign venture capital industry development, on the basis of combining with the condition of our country and the development of market circumstances, put forward suggestions to improve the legal system of venture investment subject that suits our country’s national conditions.