The Research On Legal Issues In The Operation Of Government Guidance Found From The Perspective Of Organizational Form

The government-guided fund is a new national policy financial instrument emerged in recent years.With the establishment of guiding fund projects in many regions in China,the capital pool of guiding funds is getting larger and larger.Compared to the rapid development of practice,the legal scholars have not conducted in-depth theoretical studies on basic issues such as the nature of the guiding funds,their organizational structure,and the legal issues in fund operations.There is a lot of problems in the corporate legal system guiding funds.The statutory form of commercial organization is favored in guiding the establishment of funds.There are many differences between the contract system,the company system,and the limited partnership system in the legal and the applicable laws,and the problems encountered in the actual operation of the fund.This article defines the connotation and characteristics of government-guided funds,and then conducts in-depth analysis of the role of government-guided funds.Then through the elaboration of the guiding principles for the nature of government-guided funds and their proper organization forms,the inappropriateness of this form of organization is pointed out.It is discussed from the statutory form of government-led funds.Afterwards,the article analyzes and discusses the operating path and legal basis of government-guided funds.Then,the legal basis and legal relationship of the guiding funds of the three organizational forms are systematically analyzed,In addition,various legal issues in the operation of various types of government guided funds are analyzed such as instability,opaque management,low liquidity,and moral hazard.Corresponding legal regulation suggestions are proposed on the basis of their legal principles for different legal issues concerning the existence of different types of guiding funds,so that each organization form can operate within its own legal framework.In addition to respecting the basis for free choice of markets,it is proposed that the limited partnership system is more appropriate as the legal choice for government-guided fund organizations in the current legal environment.Through the study of the legal issues in the operation of government-guided funds,the nature and form of the government-guided funds are deeply analyzed from the perspective of legal science when the government-led funds develop rapidly.Therefore,the legal issues that guide the form of fund organization can be revealed and solved,which in turn makes the theoretical research on government-led funds more plentiful,and provides systematic legal advice on the selection of government guidance funds in practice.This will allow us to provide guidance for the establishment,operation,and standardization of government-guided funds.