The Theoretical Definition And Risk Prevention Of Valuation Adjustment Mechanism

At present, private equity investment in our country’s multi-level capital market system plays an important role in the. An important part of the agreement on gambling as a private equity investment agreement, undertakes the arduous task of shelving disputes and incentive management, the risk of locking. Therefore, the validity and legitimacy to admit it or not will be seriously affected and restricted the future development of China’s private equity investment, restrictions on the gambling agreement of the financial derivatives give full play to its function in the capital on the stage.On the current situation, for the understanding and study of this new problem gambling agreement is relatively small, with the "PE Chinese bet on the first case gradually surfaced and caused social concern. However, on the gambling agreement legal nature and legal effect, our country did not clear legal provisions, which makes the legality of the gambling agreement has been controversial, and in practice there is no lack of due to the failure of gambling cases arise frequently, more questioning the rationality of its existence. Based on the above reasons, this paper starting from introduction to related to the agreement on gambling, taking the rationality and legitimacy for starting point, with a specific judicial cases, focuses on the legal nature and under the present legal framework of China, facing the obstacles to the implementation and operational risk, and puts forward the rationalization proposals.This article from the eight aspects in China’s private equity investment perspective, to determine the related problems and risk prevention and research of the theory of gambling agreement.The first part is the analysis of survey, the main analysis of the gambling agreement research background, significance and methods; the second part is the basic introduction of the agreement on gambling, definition and general knowledge including related concepts; the third part is the analysis of the legal relationship of the gambling agreement, a clear positioning and detailed explanation on the subject of gambling protocol object and content; the fourth part mainly analysis the legal nature of the agreement on gambling, the agreement on gambling is a typical contract, investment agreement from the conditional contract, special contract, instead of aleatory contract and option contract conclusion; the fifth part of China’s private equity investment in the case of gambling is analyzed and summarized. The main analysis of the "PE of the first case of gambling", "Mengniu gambling case" and "Yongle on gambling case"; the sixth part of the agreement on gambling rationality and legitimacy thinking Exam for the in economics rationality and in the contract law, company law, financial law, securities law legitimacy is discussed; the seventh part mainly discusses on gambling agreement faced in the application of practical obstacle and operational risk, as well as to avoid obstacles and risk prevention measures; the eighth part for agreement on gambling in the future development of China’s private equity investment advice and framework.The based on the perspective of private equity investment, from made to gambling on the agreement, the concept, legal relation, legal nature, the real case, rationality and legitimacy and risk prevention aspects to explore, follow on the gambling agreement why and how existing system sort out and analyze the logic way of thinking, through actively face and rational treatment of. Finally, it puts forward the corresponding suggestions, in the hope to help clarify and promote the study of this problem.