Research On The Legal Regulation Of Gambling Agreements

In recent years,as a kind of agreement to control investment risk that is often used in venture capital,Valuation Adjustment Mechanism has been applied frequently in the investment activities in our country.And there is a relatively fixed mode of operation,but in the process of localization in our country,disputes continue,and there are still more disputes about the legitimacy of Valuation Adjustment Mechanism.Therefore,this paper first of all based on the understanding of the basic content of Valuation Adjustment Mechanism.By using the relevant provisions of each branch law,through the method of case analysis,the comparative analysis method and the method of combining theory with practice,taking the typical case "Haifu case" as the starting point,this paper discusses the model of company law respectively.In the domain,the validity of Valuation Adjustment Mechanism with the target company as the main body and the relevant legal regulation;in the category of contract law,Valuation Adjustment Mechanism is taken as the form.Finally,the problems existing in the process of legal regulation are put forward,and from the point of view of legislation in October 1st 2017,which is used to analyze that the problems related to Valuation Adjustment Mechanism belong to the relevant frontier issues.And puts forward the conclusion that Valuation Adjustment Mechanism t signed with the target company is valid.The full text is divided into the following parts:The first part is the introduction.It briefly explains the purpose of the paper,the scope and the research results in related fields,including the significance of the topic,the relevant problems solved and so on.The second part is an overview of Valuation Adjustment Mechanism Firstly,it clarifies the concept and elements of Valuation Adjustment Mechanism,as well as the nature of Valuation Adjustment Mechanism,and analyzes the reasons for the existence of Valuation Adjustment Mechanism and its advantages.It also clarifies the existing risks of Valuation Adjustment Mechanism in itself and under the law.It aims to have a general understanding of Valuation Adjustment Mechanism in theory.The third part is to discuss the company law perspective,and subject to the company signed an agreement on gambling effectiveness and legal regulation.Firstly,a brief analysis of "Fu" case,invalid agreement on gambling and leads to the conclusion of the company.And then focus on the abuse of the rights of shareholders,the shareholders and small angle the interests of the creditors,and the company signed an agreement on gambling legal opinion,and puts forward the legal means for establishing the effective or relatively ineffective.The fourth part discusses the issue of loan contract and legal regulation in the form of Valuation Adjustment Mechanism from the angle of contract law.Through the analysis of the article 146 of General principles of Civil Law,the conclusion that Valuation Adjustment Mechanism signed by this act is invalid is obtained.It also puts forward the suggestion that the limits of the two should be clearly defined.The fifth part points out the problems existing in the regulation of Valuation Adjustment Mechanism,and puts forward different suggestions from the perspectives of legislation,judicial administration and both parties,in order to provide a better legal environment for Valuation Adjustment Mechanism.The sixth part is the conclusion.