Study On The Prevention And Control Of Legal Risks Of Our Country’s Crowdfounding

In twenty-first Century, the Internet is changing our lives every day, creating miracles. Taobao, changing our way of shopping; WeChat, changing the way we communicate; and crowdfounding, have subverted the way we invest.2009, the Crowdfounding aised in the United states. Is the assembly of the "everyone give you a piece of money, there are 1 billion 300 million ideas", in 2013, the first time in China to raise public equity appear The State Council executive meeting held at the end of 2015 to fully show the government to raise the positive attitude to encourage public equity In the process of the development of P2P in the past, due to the lag of relevant policies and regulations, which has led to a series of economic problems and even social problems. In the public equity raise the rapid development of the moment, the hidden legal problems will also be highlighted Because it involves China’s equity to raise public laws and regulations are to solicit opinions from all sides, for the legitimacy of the operation, the whole operation process of the industry and protection of intellectual property rights and other issues, the protection of small investors, there are certain legal risks. Combining with the development status of crowdfounding and the regulations and policy trends in our country, and through the actual case of Jingdong crowdfounding, gives the author’s legal thingking on the current crowdfounding industry, at the same time, combined with the relevant legislative experience of the American crowdfounding, giving the proposal to improve all the aspects from the aspects of legislation and specific system. This paper consists of three chapters:The first part:to define the crowdfounding, and show the development of the industry in China’s current situation, elaborated the advantantages of crowdfounding which be seen as a new direction of the new Internet innovation. At the same time led to the current situation of the development of China’s crowdfounding, combing the development process of crowdfounding and government policy attitude to the industry, and come to the conclusion that all the chips will be to a fast development. And briefly introduce Jingdong crowdfounding, for it’s operation process in order to solve the dispersion risk and information asymmetry, to take the "lead investor with follow investor" form, and Jingdong also has some other advantages and ideas which other haven’t, to our country’s crowdfunding industry,it has reference significance.The second part:combing the current legal policy environment of China’s crowdfounding and to understand related laws, regulations and issues. At the same time, also listed the main legal risks to crowdfunding industry in China, including the risk of illegal fund-raising, the platform to control the capital flows and intellectual property risks, and made interpretations.The third part:giving advises to the devepment of crowdfounding in China,to improve the industry regulatory system from the legislative level,to promote scientific development and improve the governance structure of the industry from the perspective of specific systems.