Font Size: a A A

Research On The Information Disclosure System Of Equity-based Crowdfunding Platform Based On The Theory Of The Right Of Hopfield

Posted on:2019-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2416330545496916Subject:legal
Abstract/Summary:PDF Full Text Request
Internet finance has been written in the government work report for four years.equity-based crowdfunding is one of the forms of Internet finance.The development trend of Internet financial industry in the past,the overall environment and the level of risk is getting better,but it still belongs to the high risk period.In 2015,feidu bring an action against normido catering company,and finally won the lawsuit;In 2016,the 36 krypton equity-based crowdfunding was suspected of information fraud,and once again pushed the equity-based crowdfunding to the forefront.Credit risk prevention will be the top priority of the equity-based crowdfunding,and the credit risk can not avoid the equity-based crowdfunding platform.Therefore,analyzing and studying the equity crowd raising platform,clarifying its behavior patterns and legal consequences,is very important for the prevention of credit risk.Of course,as one of the many Internet Intermediary platforms,the improvement of the information disclosure system is also beneficial to promote the development of the Internet platform.When the existing legal system can not effectively solve the actual disputes,we should turn to think about the legal theory.From theory to practice,the information disclosure system of shareholding crowd raising platform is recombed and demonstrated.The theory of the right of Hopfield in the Anglo American law is widely used in the demonstration of American authoritative cases,which effectively solves the confusion caused by the use of rights and obligations in real cases.Information disclosure should not be simply considered as an obligation,but should be subdivided according to the different contents of its disclosure,such as the disclosure of mandatory information is an obligation,and selective information disclosure is more appropriate for freedom,which may also include some exempted information and power type information.In this paper,we try the theory of the right of howfield as an analytical methodology,and use a new perspective to present the legal reasoning process of the disclosure of the public equity platform information,and provide clear guidance for the legal behavior.In the content of information disclosure,We should integrate the existing content at home and aboard,and reasonable reference "Securities Law","Internet financial information disclosure standard" and other similar fields of standard,to form a comprehensive system,the main and secondary information content system.In the nature of information dislosure,based on the integrated information content and a theory of the right of Hopfield to explore new information analysis mode.and divide them into four types of information types: free right type,compulsory type,power type and exemption type..In the legal consequences of information dislosure,On the basis of the analysis of the nature of information and the clear relationship between rights and obligations in the earlier period,the legal consequences corresponding to the different acts,such as the adverse legal consequences of the violation of the obligation,the exercise of the right to freedom does not produce the legal consequences directly,but the improper exercise of the right to freedom still needs to be disadvantaged.The legal evaluation.We should achieve a comprehensive and effective design of information disclosure of equity financing platform.
Keywords/Search Tags:equity-based crowdfunding platform, the theory of the right of Hopfield, information disclosure
PDF Full Text Request
Related items