Legal Research On Investor Protection In The Operation Of Private Equity Funds

As the impact of the 2008 global financial crisis ebbs,both at home and abroad a variety of finance products listed,and private equity funds as a high return on investment of venture capital,large amounts of capital market investors and love.At present,the public investor protection system in our country has been gradually improving,while the private equity fund investor protection regime had been wandering in the grey area on the edge of legal regulation,appeared such as Jersey City investment companies such as regulation of the law in the invisible,damage the lawful rights and interests of investors and hinder the development of private equity funds.This article from a rights perspective private equity fund investors and learn from foreign experience,investor protection mechanism in China's current private equity fund initial legal design ideas.In this paper,using the comparative analysis,the theory and empirical analysis,research methods,is divided into five parts.The first part is an introduction,mainly in private equity fund run by scholars study of investor protection system.Second part is private equity fund investors protection of principle,main on private equity fund concept for has defined,analysis has private equity fund of legal nature and legal relationship of subject structure;argument has investors protection of right source(including has informed right,and participation right,and funds security right,and supervision right and relief right)and risk source(contains has market,and investment object,and returns distribution,and moral,and legal and regulatory risk).The third part is the actuality of the domestic private equity fund investor protection is analyzed.This article from the aspects of domestic legislation and practice,and expounded China's current private equity fund investor protection system construction of importance and urgency.And introduced foreign private equity investor protection legislation in operation,summed up the experience is available.Part is to protect the interests of investors as the starting point and ending point,for private equity fund investor protection mechanism in system design ideas.First,the proposed strict setting directly affects the right to information of investors protection mechanisms,including Fund Manager of market access and disclosure measures.Secondly,the Fund requested by the policy measures involving investors the right to participate,and discussed how to further enhance investor participation in the exercise of this power.Again,it is recommended that control measures are strictly regulated,and proposed government regulation and industry self-regulation,sound credit system measures recommended.On how to improve the diversification of investor relief mechanism put forward their views.Part v summarizes investor protection mechanism in the private equity fund established,close loopholes in the law to control the vicious competition with thedisordered State of the capital markets,better for the protection of the legitimate rights and interests of investors to build a good barrier,the importance of norms and the development of domestic financial markets and the legal environment.