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The basic legal principles of limited partnership system operates

Author: Qiu
Tutor: KuangAiMin
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: Limited partnership Basic legal principles Current Situation and Countermeasures
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 134
Quote: 1
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Abstract


With the new Partnership Enterprise Law implementation in 2007, this limited partnership originated in the Middle Ages in Europe, China's legislative system is formally introduced. This is undoubtedly one of the highlights of the revision of the Partnership Enterprise Law, injected immeasurable vitality to China's scientific and technological innovation, and also help China's venture capital industry. This article intends to clarify the basic legal principles of the limited partnership, in terms of the historical development of the limited partnership, the connotation and denotation, legal structure and system value. And through the comparison of the world's major countries and regions on the provisions of the limited partnership and our limited partnership status to identify some of the problems of limited partnership legislation, and some superficial suggestions to solve these problems. This article is divided into three parts introduction, body and conclusion. Which the body is divided into four chapters. Chapter I talked about from the origin of the limited partnership of the limited partnership system experienced a historical change process from the Kang Mengda contract to Kang Mengda organization, from the form of relatively fixed private commercial organizations to legal forms of enterprises, and describes the modern limited partnership in the United States showing innovation development patterns of variation in our limited partnership from modern to modern development context of the sort. The second chapter is aimed at exploring the connotation and extension of the limited partnership. First, by comparing the different countries, the definition of limited partnership, limited partnership concept difference, come out of the basic meaning of the limited partnership is owned together with co-dual structure of nature and reality form of limited partnership system of different countries analysis and comparison, draw a free economic and ecological diverse background of limited partnership epitaxial legal conclusion. Chapter proceed from the internal and external legal relationship to explore a limited partnership, the limited partnership embodied in the system was working process specific characteristics and problems of the internal legal relations and external legal relations, and then put forward a limited partnership financing ability, easy to set up, easy to manage, to avoid double taxation and other aspects of the institutional advantages, the organizational form of venture capital and private equity funds. Chapter based on our current limited partnership legislation, from a macro point out the problems faced by the limited partner in our practice: management rights of the general partner abuse, lack of a healthy market environment, the expansion of the rights of the limited partners will crisis the interests of creditors and other proposed mechanisms to guard against moral hazard, to train high-quality venture capitalists, to optimize the venture environment, improve the funded system, etc. in order to constantly improve the system of limited partnership.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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