Study On The Legal Issues Of The Limited Partnership Independent Financial Management In China

The limited partnership independent financial management is issued with the limited partnership financial products by independent financial agencies to get involved in the asset management market, for raising limited partners and funds to society by way of non-public offering. As a highly innovative legal framework and wealth management tools, its biggest characteristic is that skillfully realize the combination of the limited partnership system and the independent financial management, not only to give full play to strong financing capability and management autonomy advantage of the limited partnership system, but also to take into account the independence and professionalism of the independent financial management, truly achieved the " intelligence and capital" combination. It is due to this, the independent financial agencies chose the limited partnership system as a preference organizational system in which to explore the asset management market. Of course, this is also the important reason for the majority of investors in hot pursuit. At present, the limited partnership independent financial management is a new thing in China, still in its infancy. Thus there are still many problems to be solved, mainly for the legal system imperfect, the alienation of the organization system and the actual operation caused by poor oversight, uncertainty justice and investor interest poorly protected and so on.In this paper, used of the case analysis, the functional analysis, the comparative analysis and other research methods, through the "limited partnership agreement dispute" case analyzes, raised the current problem of the limited partnership independent financial management in China, and in-depth analysis of its legal nature and legal structure, focusing on the features and advantages of its system. Then, by combing the transaction structure and the operation process of the limited partnership independent financial management, and then analyze the alienation of organization and operation, such as the financing channel of the limited partnership system, the limited liability company served as general partnership, the internal governance mechanism of the limited partnership enterprise confused, the general partnership missing fiduciary duty and moral hazard severely and so on.It is important to point out that the innovation of this article is no longer just stay on the case and the actual operation for analysis the system, but rather a specially constructed jurisprudence sample database (total 116). As a basis for the full text of the study, the referee situation of the limited partnership independent financial management disputes is the focus of analysis in the fifth part of the article, especially for the court held that "limited partnership agreement legally valid" and "limited partnership agreement is' called partnership, in fact loan' borrowing contract", further understanding of the judge attitude in this kind of case.In addition, in the article finally, combined with the status quo of Chinese existing laws and supervision of financial innovation, how to improve the relevant legal system of the limited partnership independent financial management. This paper presents a number of recommendations with reference value.