Research On Tort Liability Of Equity Crowdfunding

With the rapid develoment of tho Internet,the equity crowdfunding industry has been favored by start-ups and small and medium-sized enterprises,and it has also attracted the attention of the regulatory authorities.On the one hand,equity crowdfunding reduces the threshold for investment and makes the investment popular.On the other hand,it gives SMEs financial support,which helps solve the problem of financing difficulties for start-ups.In the equity method of equity crowdfunding,the equity crowdfunding platform.serves as a medium for linking investors and financiers,and plays a key role in the review of investment and financing qualifications,information transmission and display.Whether the development of the equity crowdfunding platform is healthy determines to a certain extent whether the equity crowdfunding model can have a positive impact on the national economy.A t present,China’s equity crowdfunding platform has relatively strict rights and obligations,and in practice it is inevitable that disputes arise due to the unclear rights and obligations of the equity crowdfunding platform.Among the 135 cases involving the investor and equity crowdfunding platform obtained by the China Judgment Document Network,some courts believe that the platform has not fulfilled the corresponding obligations and the financing person has joint liability for the total investment amount;some courts believe that the platform does not bear the burden.There are audit obligations to reject investor claims;some courts have compromised the equity crowdfunding platform to assume partial responsibility for investor losses.It can be seen from the above cases that China’s regulation of the equity crowdfunding platform still needs to be improved.Therefore,this article will take Chen Yingxuan suing Yuanshihui case as an example to study the tort liability of the equity crowdfunding platform.This article is divided into three parts:introduction,body and conclusion.The introduction mainly introduces the origin,concept and characteristics of equity crowdfunding;the body part is to analyze the rationality of the infringement liability of the equity public interest platform by means of Chen Yingxuan suing Yuanshihui case,and based on this,clarify the liability principle,constituent elements,responsibility realization and defense reasons of the infringement liability of the equity crowdfunding platform;the conclusion part is a brief summary of the full text.