A Study On The Legal Problems Of Stock Ownership In China

2008 of the international financial crisis has had a huge impact on the world economy, contributed to the small and medium-sized enterprise financing difficulties, so a new kind of Internet financial forms, flexible form, the threshold is low, the efficiency higher equity raise arises at the historic moment, and gradually vigorous. Crowdfunding in the raise expand the direct financing services, promoting the healthy development of innovative undertaking and Internet financial raised capital market service ability and level of innovative economy. Small and medium-sized enterprises are the pillar of the national economy, market demand is huge, residents increasing wealth are in urgent need of effective investment channels, coupled with the unprecedented policy support, equity and the raise future development space is very broad. But at present our country raise is the equity of the units, although confirmed its legal status and support policies, but equity raise development is not smooth, the development environment is not mature, the securities law of the revision is still delayed, equity raise still faces many legal risks, the liable to break the law in the process of the bottom line.Therefore, based on five parts, through the concept of equity and the raise, characteristic, elaborates the basic theory, such as participate in subject to confirm its legal attribute, and analysis and conflicts existing in the current legal system, legislative experience to draw lessons from the United States raise the stakes in the system construction in our country.The first part elaborates the basic theory of equity and the raise. First this paper introduces the concept of the raise and its financial innovation, then lead to stake the raise from the raise upper concept, to raise the stakes in the concept and characteristics, the present situation and the future, to participate in these basic theory subject and investment rules are summarized.The second part analyses equity the legal attribute of the raise. Through the analysis of the concept of the raise to equity from the equity rights and interests of the raise proof is stock and equity and the raise is securities publicly issued two demonstrates the equity and the raise is the legal attribute of public offering, finally introduced the stake in the raise pattern the basic legal relationship.The third part mainly analyzes the legal risks in the the raise of stock of our country at present. First in the "securities law", "company law" relevant provision restricts the development of equity and the raise; Moreover, in order to issuer, equity the raised platform, investor level as the perspective of three core subjects, respectively analyzes the issuer, platforms, investor tripartite main body the legal risks faced.The fourth part mainly introduces the equity of the United States the raise legislation- the JOBS act. Through the JOBS bill introduced the background, legislative exploration, and summarized the rules of the breakthrough, consideration of the JOBS act, so as to extract is beneficial to draw lessons from the experience of legislation in our country.The fifth part on the basis of the above risk analysis, experience learning, raise the stakes in the system construction of our country. Around the issuer, equity the raised platform, investor tripartite main body as the core, respectively from the issuer, platform, investors conducted a series of three parties involved in the main body level system design, and then suggest the regulators should coordinate supervision in parallel, to ensure the effective connection of the whole system.