股权类众筹融资规制研究
发布时间：2018-12-20 11:50
【摘要】：随着互联网技术的飞速发展,出现了一系列的新型金融模式,股权类众筹就是互联网技术下的金融产物。本文主要研究股权类众筹的规制问题。通过使用文献研究法、规范分析法、图表法、概念分析法、跨学科综合研究法等研究方法,介绍了众筹融资基本情况,包括对众筹融资的概念、众筹融资的类型化分析、众筹融资与其他互联网金融类型、众筹融资与非法集资的区别进行概述、分析、总结,从而引出众筹分类中具有此类融资通性的股权类众筹融资,紧接着阐述了中国股权类众筹融资的发展及规制现状,结合当前中国的法治环境以及最新讨论的《私募股权众筹融资管理办法(试行)(征求意见稿)》,总结其在中国的发展及其制度困境,表达笔者的观点和看法。针对国内股权类众筹规制现状,引进国外具有代表性的股权众筹规制,英美法系以美国JOBS法案为例,大陆法系以法国参与性融资法令为代表,对它们的出台的法治环境、总体内容、大致原则等等进行了比较系统的分析总结。在此基础上,借鉴国外的规制经验,提出了对完善中国股权类众筹融资法律规制的思考,包括对基本原则的确立、具体制度的建立两个方面,例如限制投资者风险原则、加强欺诈保护原则、增强信息透明度实现对投资者保护原则、交易平台和融资者规制等。本文的主要目的是通过研究分析股权众筹在中国的发展状况,吸收国外的先进的规制思想,探讨出适合中国股权类众筹的发展和法律规制模式。
[Abstract]:With the rapid development of Internet technology, a series of new financial models have emerged. This paper mainly studies the regulation of stock rights crowdfunding. By using the methods of literature research, normative analysis, chart analysis, conceptual analysis, interdisciplinary comprehensive research and so on, this paper introduces the basic situation of crowdfunding, including the concept of crowdfunding, the type analysis of crowdfunding. The differences between crowdfunding and other types of Internet finance, the differences between crowdfunding and illegal fund-raising are summarized, analyzed and summarized, thus leading to the equity-class crowdfunding, which has the characteristics of this kind of financing, in the classification of crowdfunding. Then, it expounds the development and regulation status of Chinese equity crowdfunding, combined with the current legal environment in China and the newly discussed "Private equity crowdfunding management method (trial) (draft of soliciting opinions)". Summarize its development in China and its system dilemma, express the author's views and views. In view of the current situation of domestic stock rights crowdfunding regulation, this paper introduces the representative stock rights crowdfunding regulation from abroad. The common law system takes the JOBS Act of the United States as an example, the civil law system takes the French participatory financing Act as the representative, and its legal environment. The overall content, general principles and so on are systematically analyzed and summarized. On the basis of this, using the experience of foreign countries for reference, this paper puts forward some thoughts on how to perfect the legal regulation of Chinese stock capital raising, including the establishment of basic principles and the establishment of specific systems, such as the principle of limiting investors' risk. Strengthen the principle of fraud protection, enhance the transparency of information to achieve investor protection principle, trading platform and financier regulation. The main purpose of this paper is to study and analyze the development of stock rights crowdfunding in China, absorb foreign advanced regulatory ideas, and explore the development and legal regulation model suitable for Chinese stock rights crowdfunding.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.287
[Abstract]:With the rapid development of Internet technology, a series of new financial models have emerged. This paper mainly studies the regulation of stock rights crowdfunding. By using the methods of literature research, normative analysis, chart analysis, conceptual analysis, interdisciplinary comprehensive research and so on, this paper introduces the basic situation of crowdfunding, including the concept of crowdfunding, the type analysis of crowdfunding. The differences between crowdfunding and other types of Internet finance, the differences between crowdfunding and illegal fund-raising are summarized, analyzed and summarized, thus leading to the equity-class crowdfunding, which has the characteristics of this kind of financing, in the classification of crowdfunding. Then, it expounds the development and regulation status of Chinese equity crowdfunding, combined with the current legal environment in China and the newly discussed "Private equity crowdfunding management method (trial) (draft of soliciting opinions)". Summarize its development in China and its system dilemma, express the author's views and views. In view of the current situation of domestic stock rights crowdfunding regulation, this paper introduces the representative stock rights crowdfunding regulation from abroad. The common law system takes the JOBS Act of the United States as an example, the civil law system takes the French participatory financing Act as the representative, and its legal environment. The overall content, general principles and so on are systematically analyzed and summarized. On the basis of this, using the experience of foreign countries for reference, this paper puts forward some thoughts on how to perfect the legal regulation of Chinese stock capital raising, including the establishment of basic principles and the establishment of specific systems, such as the principle of limiting investors' risk. Strengthen the principle of fraud protection, enhance the transparency of information to achieve investor protection principle, trading platform and financier regulation. The main purpose of this paper is to study and analyze the development of stock rights crowdfunding in China, absorb foreign advanced regulatory ideas, and explore the development and legal regulation model suitable for Chinese stock rights crowdfunding.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.287
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