我国公募股权众筹法律监管研究
发布时间：2019-06-26 17:33
【摘要】：近几年来,法学界针对股权众筹有关理论已作了较多的探索和研究。在此基础上,股权众筹在国内最终被定义为公募股权众筹,这也得到了理论界和实务界的一致认可。但鉴于公募股权众筹在国内尚属于一片空白,人们对公募股权众筹的理解还不够深刻,相关问题亟待研究。因此在探究公募股权众筹如何良好发展的同时进行对公募股权众筹的监管研究就变得很有意义。本文着眼于国内,借鉴国外相关经验,进一步探究我国对公募股权众筹的法律监管。本文第一章作为股权众筹监管理论的概述章节,从国内外对股权众筹的概述出发,介绍其主要特征、运作模式和流程等,分析公募股权众筹法律监管的理论基础,从而探究公募股权众筹监管法律制度的构建方向。第二章的主要内容是对公募股权众筹法律监管展开系统分析。对监管现存的障碍和法律风险予以剖析,为接下来构思监管对策打下基础。第三章笔者通过对美英这两个股权众筹发展较为成熟的国家的监管规则进行分析比较,在此基础上总结概括出对我国构建股权众筹法律监管制度的启示。第四章是本文的核心内容,笔者在总结前文的基础上提出我国股权众筹法律监管的对策建议。
[Abstract]:In recent years, the theory of equity crowdfunding has been explored and studied in the field of law. On this basis, equity crowdfunding is finally defined as public equity crowdfunding in China, which has also been unanimously recognized by the theoretical and practical circles. However, in view of the fact that public equity crowdfunding is still a blank in China, people's understanding of public equity crowdfunding is not deep enough, and the related issues need to be studied urgently. Therefore, it becomes very meaningful to explore how to develop public equity crowdfunding and to carry out regulatory research on public offering crowdfunding at the same time. This paper focuses on China and draws lessons from the relevant experience of foreign countries to further explore the legal supervision of public equity crowdfunding in China. The first chapter of this paper, as an overview chapter of equity crowdfunding supervision theory, starts from the overview of equity crowdfunding at home and abroad, introduces its main characteristics, operation mode and process, analyzes the theoretical basis of crowdfunding legal supervision of public equity, and probes into the construction direction of the legal system of crowdfunding supervision of public equity. The main content of the second chapter is to carry out a systematic analysis of the public offering crowdfunding legal supervision. The existing obstacles and legal risks of supervision are analyzed, which lays the foundation for the next conception of regulatory countermeasures. In the third chapter, the author analyzes and compares the regulatory rules of the two mature countries with the development of equity crowdfunding in the United States and Britain, and on this basis summarizes the enlightenment to the construction of the legal supervision system of equity crowdfunding in China. The fourth chapter is the core content of this paper. On the basis of summing up the above, the author puts forward some countermeasures and suggestions for the legal supervision of equity crowdfunding in our country.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.291.91
[Abstract]:In recent years, the theory of equity crowdfunding has been explored and studied in the field of law. On this basis, equity crowdfunding is finally defined as public equity crowdfunding in China, which has also been unanimously recognized by the theoretical and practical circles. However, in view of the fact that public equity crowdfunding is still a blank in China, people's understanding of public equity crowdfunding is not deep enough, and the related issues need to be studied urgently. Therefore, it becomes very meaningful to explore how to develop public equity crowdfunding and to carry out regulatory research on public offering crowdfunding at the same time. This paper focuses on China and draws lessons from the relevant experience of foreign countries to further explore the legal supervision of public equity crowdfunding in China. The first chapter of this paper, as an overview chapter of equity crowdfunding supervision theory, starts from the overview of equity crowdfunding at home and abroad, introduces its main characteristics, operation mode and process, analyzes the theoretical basis of crowdfunding legal supervision of public equity, and probes into the construction direction of the legal system of crowdfunding supervision of public equity. The main content of the second chapter is to carry out a systematic analysis of the public offering crowdfunding legal supervision. The existing obstacles and legal risks of supervision are analyzed, which lays the foundation for the next conception of regulatory countermeasures. In the third chapter, the author analyzes and compares the regulatory rules of the two mature countries with the development of equity crowdfunding in the United States and Britain, and on this basis summarizes the enlightenment to the construction of the legal supervision system of equity crowdfunding in China. The fourth chapter is the core content of this paper. On the basis of summing up the above, the author puts forward some countermeasures and suggestions for the legal supervision of equity crowdfunding in our country.
【学位授予单位】：广东财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.291.91
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