A Study On The Types Of Valuation Adjustment Mechanisms In Private Equity Investments

The valuation adjustment mechanism is the development of China's capital market,in the field of private equity investment in the emergence of a valuation adjustment mechanism.The valuation adjustment mechanism originated in the Anglo-American legal system,in these capitalist countries are more developed,the financing for the search for financing,investors to avoid risks in the market competition gradually breed a mechanism.With the development of China's capital market,it has gradually boarded the stage of competition in China's market.However,for the valuation adjustment mechanism such a product of the Anglo-American law countries,want to take root in the land of civil law countries,for us is a huge legal challenge.The earliest "Gansu Shiheng" case,after a number of trials,although part of the denial of the legal effect of the valuation adjustment mechanism,but the greater significance of this decision is also affirmed its part does not harm the interests of shareholders is legal and effective,This opens up a path for valuation adjustment mechanisms in our country.In recent years,the valuation adjustment mechanism in a more diverse way in the field of private equity investment,its significance for the Chinese market is even more and more far-reaching.In recent years,with the development of capital market,China began to appear a variety of types of valuation adjustment mechanisms,in the valuation adjustment mechanism content,provisions of the set,as well as exit mechanism and so become more diversified.Based on the above,this paper will focus on the legal nature of the valuation adjustment mechanism and type of discussion and discussion,aimed at its type of research,to meet each type of legal attributes and our legal provisions of the various provisions of the law Effectiveness of the integration analysis,while the legal effect of the risk prevention approach.This paper is divided into four parts:The first part,the introduction part,briefly introduces the conditions and background of the valuation adjustment mechanism,as well as the present situation of the development of the valuation adjustment mechanism in our country at present.First of all,it analyzes the current position of the valuation adjustment mechanism in China's capital market from the social level,and analyzes the current legal attribute of the valuation adjustment mechanism from the legal level,and briefly introduces some of the viewpoints of the contract nature of the valuation adjustment mechanism in the current academic theory,Put forward their own opinions.The second part focuses on the analysis of the types of valuation adjustment mechanisms,mainly from some of the more well-known domestic reality case,through the case of the gambling of the analysis and integration,summed up a number of more common types of gambling,introduced the various The nature of the bet type.The third part analyzes the legal effects of the gambling itself and the different legal issues faced by the various types mentioned above.Depending on the type of betting on the types of gambling,the rights are different and their terms The legal risks faced are also sorted out.The fourth part,we should put forward the corresponding risk prevention and control measures for all kinds of risks faced by the valuation adjustment mechanism.At the national level,we should perfect the legislation and take various measures to prevent the legal risks in the whole process of the valuation adjustment mechanism.