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On the Dilemma of Venture Capital and Legal Countermeasures

Author: ZhangDuChao
Tutor: YuYing
School: Jilin University
Course: Civil and Commercial Law
Keywords: Venture Capital Private Equity GEM
CLC: D922.287
Type: Master's thesis
Year: 2011
Downloads: 431
Quote: 0
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Abstract


For a long time, the legal experts focus on venture capital focused on the following two aspects: first, the organizational form of venture capital research; Second, the argument of the introduction of the GEM ripe. In our law that established the limited partnership form of organization, the majority of posts strong appeal for an early introduction of the GEM, but few articles attempt to forward-looking approach to design in order to circumvent the legal system may occur after the launch of the GEM a series of questions. This is because the legal system with a lag, academics can not accurately predict the future development trend of the stock market; partly because scholars venture capital for the national economy in view of the tremendous impetus for its early owners can smooth exit capital markets, worried about the government's introduction of the GEM delay time to continue the psychological effect, selectively avoided the launch of the GEM possible negative effects. GEM launched a year later, in order to solve the current venture with GEM for the problems, the author of dynamic perspective combing the development of venture capital in the context of our country, to their stage of development described as follows: embryonic stage, the development of stage, the trough phase, boom phase and perfect stage. After the launch of the GEM perfect stage, control America's historical experience shows that by improving the relevant legal system to regulate the securities market is the best choice to solve the problem. So this venture in order to bring the law on the regulation of refinement, from the concept of investment risk, analyzes its private equity investments, private equity investment, industrial investment and strategic investment difference. Because the concept is the logical basis of any discipline, only a clear grasp of the substance of the various concepts in order to make the legal system more perfect. Only by understanding the venture capital and private equity investment patterns such as the similarities and differences in the legal systems in order to design, to risk a higher risk investments to provide more complete protection, such as venture capital mainly for seed and early-stage small business investment, so the risk is greater than a certain maturity of the enterprise focused on investing in private equity, venture capital and therefore laws must be more efforts to support the bias. Truly understand the risks of investment in content, the author of the past year by observing China's securities market, summed up after the launch of the GEM venture capital is facing new problems. Contrast the U.S. experience shows that the law is the best choice for regulation of these issues, it is to analyze the current China's GEM four major problems - to become entrepreneurs venture cash instruments, venture capital investment rising costs caused by increased risk venture capital and legal risks faced by facing the raised GEM causes of the problem, put forward their own legislative proposals. For \Solve the \coordinated development. As for the \. For the last question - the phenomenon of super-raised individuals through a variety of systems that need to work together to solve the one hand, requires listed companies to raise funds for the program to have a clearer disclosure of the sponsor organizations while strengthening supervision to prevent malicious speculation situations occurrence; hand GEM listed companies to accelerate the approval process for the public to provide more investment opportunities, by increasing the amount and the number of shares of listed companies to make the listing of the issue price down to a reasonable level, to prevent over-raised phenomenon. I believe that the above-mentioned problems and their causes are simple \real mature and prosperity.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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