The Legal Research On Cleaning The Off-Match Financing Business Of Stock Market In Our Country

In 2015,our country's stock market has experienced an unprecedented disaster,in the stock market disaster,The off-match capital financing business add fuel to it,even caused the crash to a certain extent.The stock market with capital business is produced in recent years,and it is a phenomenon unique to our country.In this paper,the author studies on the off-match capital financing business about stock market with the information and it is the concept of a narrow sense,It combines the modern Internet technology under the leading of the company with funding and uses he securities and exchange channels and some other factors.It has formed mode by "Securities account + Trading points warehouse system +Funding company + Investors".The development of the off-match capital financing business caused chaos in the Chinese stock market in a certain extent.After the analysis of the advantages and disadvantages of the off-market distribution business,the experience of the stock market shock was learned from the off-market distribution business.In the process of the development of the stock market,it is necessary to strengthen the legal regulation of otc with venture business and puts forward relevant Suggestions,to promote the healthy development of Chinese stock market,and it is conducive to the stability of the capital market in China.The thesis mainly divided into four parts:In the first part,the article introduces the stock market of the off-match capital financing business with legal definition.At first it analysed the legal connotation about the stock market and points out that stock market of the off-match capital financing business were any enterprise or individual that has not obtained financial business license plates and beyond the business scope of the law and did the purpose of buying and selling stocks or futures fund lending business.Secondly introduces the legal attribute of the off-match capital business activities,and points out that the three different kinds of points of the view,includes the Folk lending legal relationship,the Entrust legal relationship and the legal relationship with nameless to deal with.Now the mainstream view is that the off-match capital financing business with outside information and business is a kind of folk loan relationships.In the judicial practice,it was dealed with by the relationship between folk lending.In the second part,the paper point out the problems in the off-match capital financing business with information of stock market in our country.The off-match capital financing business born with assets in China and the path of development are described,and the stock market with outside information and existing problems are analyzed,and put forward legal advice for below lay the foundations through the analysis of existing problems,finally collect practical measures in the past period in our country,especially in the clean up the outside information in stock market crash period.In the third part,the paper describes the practice of cleaning up the off-match capital financing of the stock market,and analyzes he practice of cleaning up the off-match capital financing.This paper provides a reference for the relevant legal countermeasures.In the fourth part,after the legal definition of the off-match capital financing business,combining with management experience in the field of securities in foreign Country and based on the the reality of investment behavior for the off-match capital financing business in China.We put forward the purposefulproposal for the legal regulation of The off-match capital financing business in our Country.Mainly including Suggestions for modification of the relevant provisions about the securities law.Further defined that security operators are not allowed in the off-match capital financing business with behavior in order to establish early warning mechanism of The off-match capital financing business stock market and supervision mechanism.In addition,in the aspect of legal relief we will puts forward the construction of The off-match capital financing business and mechanism suggestion of evidence collection.