Research On Tort Liability Of China’s Stake In The Raised Platform

With the rapid development of Internet,newly-established firm or even the listed companies favor Equity-based crowd-funding of a plus, regulators have also attaches great importance to, Equity-based crowd-funding on the one hand provide a low threshold for grassroots investors investment channels, on the other hand the lack of financial support for small and medium-sized enterprises, such as the provision of effective capital formation. At stake in the raise pattern, financing of the raised platform as connection on both sides of the mediation, in the transmission, display of information, the demand of matching, and investment and financing on both sides of the audit, supervision plays an important role, even equity of the raised platform is direct relationship between the equity and the raise the development of this model. But due to the lack of equity in our country and the raise of unified regulation, unclear orientation of the raised platform to equity, the rights and obligations stipulated rough, responsibility, practice is inevitable in the issuer lax auditing, false statements, etc. The behavior of the infringement of rights and interests of investors. Therefore, this article on the raised platform to equity under the condition of lack of regulation on the raised platform of tort liability of equity research, this article is divided into introduction, text and epilogue three parts, preface briefly introduces the selected topic background and research status of the article, epilogue to the full text is briefly summarized. The text is divided into four parts, specific content as follows:First, China’s stake in the raised platform standard of tort liability. Because the equity investment and financing of the raised platform and contract exists on both sides, so a lot of people think that the responsibility of the raised platform to equity that should be given priority to with contractual obligations. This chapter from the raised platform according to the constitutive requirements of liability for breach of contract and tort liability, by its is in the backdrop of the capital market, the most important is to protect investors’ point of arrival, that equity and the raised platform of the nature of civil liability for tort liability. Second, China’s stake in the raised platform tort liability status and legal quagmire. That equity from the our country the raised platform in this chapter the existing legislation of tort liability and the practical case, summed up China’s stake the raised platform tort liability has legislative vacancy, platform legal position is unclear, lack of compulsory provisions is not tort liability system and platform four sorts of legal quagmire.Three, the reference significance of American JOBS act and the SEC recommendations. This chapter selected to stake the raise the legislation of the United States as a reference object, on the American JOBS act and formulated by the securities and exchange commission(SEC) "the SEC recommendations," specific provision, mainly related to the positioning of the platform and the platform the content of the code of conduct. Think that how to treat a stake in legislation in our country all the raise and the raised platform to equity orientation and compulsory standard for reference.Four, the improvement of the system of equity the raised platform of tort liability. This chapter from the macroscopic legislation and the microscopic two aspects concrete system regulation, tort liability, on that platform is put forward based on established the legality of the equity and the raise, separate the raise to equity law, and then to establish equity the raised platform to be broker or intermediary that raise new portal, clear the components of the platform obligation, tort liability and exemptions.