Legal Risk And Risk Prevention Countermeasure Of Equity-based Crowdfunding

Equity-based crowdfunding means that the company gives a certain proportion of shares to ordinary investors,and investors can obtain future benefits by investing in the company.This model,usually based on Internet channels,is called equity-based crowdfunding,and the other is "private equity Internet".As a new financing mode,equity-based crowdfunding has been written into the national "13th five-year plan" since2011,and it has dominated the financing market in China with the attitude of black horse.The policy environment of equity-based crowdfunding has also been blocked from the standard guidance.Earlier this year,in guiding the CSRC annual work of the securities and futures regulatory meeting,clearly put forward will speed up pilot work to carry out the equity and the raise,is now set to study actively promote equity the trial suggests.China's economy is shifting from high growth to high quality,and innovation is the key to "quantifying" to "qualitative" transformation.But subject to the traditional financial system,innovation of micro,small and medium enterprises have long faced financing "three highs",folk lending of high interest rates increase the enterprise the management burden,capital bottleneck seriously stifles innovation vigor,the onward march of restricting China's economic development.And raise the stakes in the financing of low cost,convenient trade,investment,flexible and relatively low risk investment advantage of innovative financial service mode,not only broadens the investment channels of private capital,meet the financing needs of enterprises,to the enterprise has brought more resources,such as personnel,channel,and released the enthusiasm of the public participation in investment,truly achieve the "public entrepreneurship has innovation",to promote the development of national economy to achieve the quality,efficiency,power of the "three changes".However,due to the late start of equity crowdfunding in China and the lack of system,the illegal phenomenon is frequent,the market ecology is deteriorating,and real-time supervision is more difficult.Is still make that clear to the raise of our country law,its legal status,and the lack of regulation,and funding in the actual operation of categories and forms of complexity,especially in thepractice of crime is often involved in illegal fund-raising class regulatory red line problem,lead to actual operation face a greater risk of law.In this paper,based on the analysis of equity and the raise,on the basis of the concept and operation mode of emphasis on equity in our country the present situation and the existence of the raise legal regulation of specific issues,in-depth analysis to explore the present equity the raise pattern of three main body the legal risks faced,from the perspective of legal and regulatory stake to prevent the raise of legal risk countermeasures and rational Suggestions,and then improve the equity and the raise legal system,all equity to raise the financing channels for innovative enterprises break through the key,to efficiently convert entrepreneurial innovation achievements,comply with the financial services of the thinking of development of the real econom.