Prevention And Resolution Of Legal Risks Of Equity Crowdfunding Financiers

Equity crowd funding is the product of the Internet finance,which is a sort of financing pattern targeting to meet the financing needs of small and medium enterprises and integrate the social capital.However,the development prospect of the equity crowd-funding in our country nowadays is not so bright;the equity crowd-funding finances are facing severe legal risks.Therefore,the development is impeded.On the basis of that,with a view to the current legal system of our country and a great number of financers,the author applies the comparative study methods and explore the approaches to preventing and solving the equity crowd-funding financers,legal risks in our country,by means of analyzing the concrete concepts and causes of equity crowd-funding legal risks and combing the advanced legislative experience of foreign countries.The thesis comprises four parts.In the first part,the author compares the concepts of crowd-funding,equity crowd-funding with the easily confused concepts of equity crowd-funding and analyzes the pattern and process of equity-based crowd-funding,which lays the theoretical foundation to research the relative systems of equity crowd-funding.In the second part,the author analyzes the legal risks faced by equity crowd-funding financers in detail,which are the risks of illegal absorbing public concepts,issuance of securities without approval,fraud,copyright infringement.Furthermore,the author also analyzing the reasons why the equity crowd-funding financers are facing the legal risks.In the third part,by means of reviewing the international relative legislation,the author analyzing the deficiency of Private Equity Crowd-funding Financing Management Measure and the advantages of the foreign legislation.Particularly,the systems of issuance exemption and information disclosure of public equity crowd-funding of the United States inspires the author a lot.In the last part,the approaches of preventing and solving the legal risks of equity crowd-funding financers in our country are discussed in detail.Firstly,confirming the legitimate status of equity crowd-funding and giving the conditional issuance exemption to the financers,particularly innovating the system of eliminating the specific security investors when calculating the number of stockholders.Secondly,preventing the financers fraud through establishing the financer information disclosure system and improving the penalty system for breaking credit.Finally,integrating the originality into the scope of intellectual property and protecting the business secret of financers.