Reserch On The Legal Issues Of Crowdfunding Plantform In The Prespective Of Civil Law

As a mode of internet financing,crowd-funding has been playing an important role especially in the respect of the integration of little capital.In the process of financing,the crowd-funding platform is a link between the fundraisers and investors,which makes the communication more convenient for both sides.It just takes a few years to have more than four hundred platforms now from the establishment of the first one.However,a increasing number of problems have been exposed with the rapid development of the crowd-funding platforms,such as what the legal status of platform in the entire financing activity is,how the validity of contract should be dealt with,how the rights and obligations of platform should be structured,how the platform can be the subject of liability and the relevant responsibilities.For all these problems,this paper,from the perspective of civil law,will do some study to make a modest contribution for the long-term development of China's crowd-funding platform mainly by empirical analysis and comparative analysis methods.The body is divided into five chapters.The conception of crowd-funding and crowd-funding platform are introduced while the classification is analyzed in the first chapter.The crowd-funding platform is regarded as a website which is used to release information about financing project,also is used to offer convenience for the fundraisers and investors.Meanwhile,according to different standards,the platforms are classified then analyzed about the existing problems during the operation based on the present situation of China.The legal status of the crowd-funding platform is studied in the second chapter.The author thinks that the status of the intermediary type platform is similar to broker legally;the bonding platform is similar to joint liability guarantor in law;and the self-supporting platform is similar to transaction party.The third chapter mainly analyzes the contract validity related to the platform.It is an essential work for there is a contractual relationship between the fundraiser,investor and the fund custodian.The author believes what affects the validity of the contract is not whether the platform has capacity as a subject,but the legality of the involved parties' behavior and meanings.The rights and obligations of the platform are analyzed in the fourth chapter.For the rights and obligations of different types of platforms are not the same,the author will study the intermediary type platforms according to the duties of the broker,analyze the bonding and self-supporting platforms according to the duties of the joint liability guarantor and the transaction party.The question of the liability identification of crowd-funding platform is discussed in the fifth chapter.This paper is to make objects clearer like the responsibility subject,the responsibility character and the responsibility cope practically.Based on some certain cases,the author will deal with the problems of liability identification by analyzing the responsibilities the platforms should undertake even the concurrent liability when the confidentiality obligations are broke.