Research Of Legal Problems About Artwork-share Transaction

The Sixth Plenum of the17th Central Committee of the Communist Party of China putup the principles of“Speeding up the development of cultural industries,and promotingcultural industries to become the pillar industry”. So,how to develop the culturalindustry,and how to create the system of socialist culture so that we can deepen culturalrestructuring and promote the social culture. The great development and prosperity havebecome one of the most important issues on the cultural front.The art market as an importantpart of the cultural industries, its cultivation and development will has an importantsignificance on the construction of China’s cultural industry; As an advanced form in thecapital operation,the capital have a strong guideline on innovating and operating,and it cancontribute to the development of the art market. The combination of art and capital willproduce the pattern of artwork-share transaction.The advantage is that it can standard the artin the capital market and can raise the funds for development of the art market,so, investorsand institutions could reduce the risk of art investment. This thesis try to explore art-sharetransactions in the base of the art capital market, and to make some suggestions about theinstitution on the process of the sharing.This is the proper meaning of the art capital marketin the legal innovation.Western countries like the United States, Germany, Japan and so on, their financialinnovation have a long history and have rich products under the operation of financial capital.Therefore, they are rich in dealing with legal issues on the financial innovation relatedresearch. However, in our country,we take the prudential supervision in the financial markets,so,the financial innovation is slow, and the legal research in financial innovation is less.There are some controversial issues in reality and practice on the art-share transactions. If wecan not resolve the problems about the art-share transactions, we may have to face a negativeimpact on the development of cultural industries, therefore, our work on the art-sharetransactions in the legal issues is especially important.In this paper, I put forward some suggestions with a number of the legal issues aboutthe procedures and processes of art-share in order to solve the plight of some works ofart-share transaction mode under the framework of the law. In this paper, I chosemultidisciplinary research methods, involved in finance, economics and othermulti-disciplinary, the most important method is that the legal issues, which is used to solve the system problem.This paper focuses on the system construction of artwork-share transaction. Thedifficulty is that there is no case in other countries can learn from because the artwork-sharetransaction is the world’s first, and related books and articles are also extremely rare, whichgive me some difficult in collecting and analyzing. But the question is often also aninnovation.Artwork-share transaction is an innovation of the art market, and the legal issueswill enrich the art market research.Besides the introduction, the paper consists of six parts. Introduction is used to quote thisfinancial innovation issues about artwork-share transaction.The first part discusses the relatedconcepts about artwork-share transaction; The second part of the paper focus on thedevelopment of the artwork-share transaction, rationality, legality and necessity; The thirdpart talks about the plight of the trading system of the artwork-share transaction; The fourthpart is a reflection of financial innovation on the brief foreign regulatory model of financialinnovation and financial crisis; Part V discusses the full range of regulation of artwork-sharetransaction; The last is a summary of legal issues about artwork-share transaction.