Research On The Legal Issue Of Subcontracting In Construction Project Of Our Country

Private equity fund is always in a gray area in the supervision of capital market ofour country. Although the time of private equity fund is not long in china, it got anextremely rapid development. Because of the characteristic of registered exemption ofprivate equity fund, More and more people consider it as a non-conventional financingchannel, especially in recent years, the economic situation is not just as we wishes andbank financing is very difficult, private equity fund has become the majority choice forprivate enterprises.However, not everyone is suitable for the purchase of private equity fund. Becauseof its characteristics of registered exemption and high risk, only have to protect theirown interests of investors for the subscription of private equity funds. Only the peoplewho have ability to protect his interests are suitable for private equity fund. In abroad, itusually establishes the system of qualified investors to protect the interests of privatefund investors. Using the system of qualified investors to define what kind of peoplecan participate in the private equity fund and exclude the unqualified people. System ofprivate qualified investors is mainly to limit what kinds of investors can buy the privateproduct by considering the number of investors, knowledge, assets, and the relationshipwith the publisher. If the publisher provide private product to the non-qualifiedinvestors, it would be punished accordingly.About the construction of the system of qualified investors of our country, theauthor discusses mainly from the access system, eligibility criteria, rules and theintroduction of third-party resellers institutional. Firstly, this article describes the basicsituations and characteristics of private fund and describes the concept of qualifiedinvestors and institutional value and necessity; secondly, in the second chapter, theauthor describes some of the provisions of the current laws and regulations for privateequity funds what are similar with the system of private qualified investors, and analysisit and point the shortcoming. In the chapter3, the author introduce the system of privatequalified investors around the world; the chapter4is the emphasis, the author make the idea of constructing the system of private qualified investors in our country by learningsome of the principles of criteria, such as “wealth”,“knowledge” and “relationship”,and advise to determine the eligibility of investors by stepwise manner, this is also oneof the innovation of this article. Otherwise, for the number of private placement, thispaper suggested to make a compromise limitation of50people, meanwhile this paperdiscussed how to calculate the number in detailed. Finally, the author suggest tointroduce the resale system and the third party to build the supporting the system.