Research On Private Equity Fund Information Disclosure And Civil Liability

Since 2008,the pace of development of private equity funds has been increasing year by year.In recent years,the development has been spurt.With such rapid development,the issue of private equity funds has become increasingly prominent.The disclosure of private equity fund information is an important part of the private equity fund issuance and operation,and it is very important for the protection of the rights and interests of private equity funds in China and the healthy development of the private equity fund market.In China's legal supervision,the responsibility for information disclosure of private equity funds is mainly administrative responsibility,supplemented by criminal liability,and there is little mention of civil liability.The main purpose of the securities legislation is to protect the interests of investors.The legislation of private equity funds should also be the same.Only investors can be compensated when they suffer losses.It is the effective protection of investors.However,the absence of civil liability now leads to the failure to effectively protect the rights and interests of investors.In the long run,it will be a blow to investor confidence in investment and affect the further development of private equity funds.This article starts with the information disclosure of private equity funds and analyzes the civil liability that private equity funds should bear.It is mainly the liability for contracting negligence,breach of contract and tort liability in the contractual liability.It analyzes the characteristics of each civil liability in the analysis process.And research.It mainly conducts in-depth research on the issue of damage compensation,conducts research on the determination of damage scope,damage calculation methods,and damage remedies,and mainly proposes that the civil damage compensation system be established in terms of damages."Pure economic loss" is included in the scope of damages;the calculation method of damage compensation is based on the study of the calculation method of US securities damage compensation and discusses the application of the method of "acquisition of transaction" in our country;finally it draws on China for relief methods.Hong Kong's "restitution order" approach allows investors to have more choices in relief methods.It put forward its own suggestions for the improvement of the civil liability system for the disclosure of private equity funds in China.