| With China’s economic take-off, the vigorous development of small and medium-sized private enterprises in the spring. But subject to capital market is not perfect and imperfect legal system,the existing domestic financing channels is difficult to meet the capital needs of private enterprises. Foreign capital is paid close attention to the Chinese market,magnitude and foreign private equity fund use bet agreement this is rooted in British and American capital market investments, investment in China frequently. Accompanied by China’s supreme people’s court interpretation of agreement on bet,bet agreement begins to be public concern. And economic development needs perfect bet agreement system is a sharp contrast, China’s relevant laws and regulations, there is no specific provision, to its academic research also stay in simple knowledge in the field of economics. From the Angle of law,research on bet agreement is limited,the monograph has almost no bet on agreement. Compared with foreign mature capital markets, private equity fund in our country is still in its infancy,its legal environment,the overall dimensions and operation level, have very big promotion and room for improvement. Bet agreement involving numerous civil legal relationship,the content of the agreement bet on both traditional domestic law such as civil law,company law field,also involved in international investment law,private international law,and other areas of the traditional international law, and also to some extent related to international financial law,securities law and other emerging field of law. Bet agreement has become a hot spot in the field of law.Based on the actual problem as the guidance, in addition to the preface introduces the selected topic background and significance,the full text is divided into five parts. Introduction to the theory of the first part is a bet on agreement,through introducing the concept and characteristics of the bet agreement, a detailed analysis on the constituent elements of the agreement,will bet mechanism do brief description of the agreement,at the same time from the theory of jurisprudence and economics aspect elaboration on the theoretical basis of the agreement,this section is full,have the effect of introduction. The second part,from the legal level depth excavation bet against the agreement,the legal nature of the legal relationship and bet bet agreement protocol,the legal nature of the bet against the agreement of the subject,content, object to illustrate,the effectiveness of the dispute is also bet to bet against agreement protocol in the practice of prominent problems in contract law,company law, finance law,securities law and other point of view one by one analysis,identifying its legal effect,in order to cover all bet on agreement,may involve legal framework. The third part from the objective perspective to the defects in the current law regulation and supervision,from general legal provisions to antitrust scrutiny,from the listed companies to convertible preferred stock,in detail,especially in law applicable laws and applicable law thinking there is a big problem. The fourth part hope through to the outside bet against the introduction of advanced experience and the analysis of the agreement,in combination with offshore companies find bet protocol operations for problem solution. The fifth part is the full text core,from the perspective of management economics,the law as the main means,from macroscopic system design to the microscopic behavior operation,put forward the concrete way to bet on agreement to solve legal risks,so as to achieve the purpose of regulating and reshape regulatory ideal, finally realizes the bet agreement become safe and convenient way of investment. |
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