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Research on Legal System Related to the Opening of the Private Equity Fund in China

Author: CaoWei
Tutor: TangQingYang
School: Southwest University of Political Science
Course: International Economic Law
Keywords: Private Equity Market Opening to the outside world Legal system
CLC: F832.51
Type: Master's thesis
Year: 2011
Downloads: 110
Quote: 0
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Abstract


The opening up of the private equity market is the inevitable choice of the opening up of China's capital market development since, is an important step in China's gradual integration into the international financial markets. Under its WTO commitments, China has already been there and opening up the service sector of the securities investment fund, allowing cross-border investments in domestic and foreign funds through the QDII and QFII. Private equity market due to the lack of relevant legislation, regulatory confusion, on the one hand, foreign PE can easily circumvent domestic regulatory system, big cross-border mergers and acquisitions, resulting in the loss of domestic taxes, assets, endangering China's economic security; the other hand, due to the domestic private supporting legislation defects of the implementation of stringent foreign exchange control system, equity investment fund is not yet set the QFII system similar to the field of securities investment funds, foreign PE RMB funds in the domestic setting also faces many obstacles, foreign funds and failed to fully for our country. This research project aims to try to perfect the legal system of gradual opening up of China's private equity market, and provide the basis for the private equity market opening up in the legal system and protection of open risk, effective control of the regulatory system to protect national economic security. Firstly, start from the general analysis of the private equity market opening, in turn describes the process of opening to the outside world and the status quo of China's private equity market; Second, combing the private legal system in China and defects; Finally, the perfect private equity investment in China market opening up the recommendations of legal protection. This paper is divided into four parts, nearly thirty thousand 4000 words. The general analysis of the first part is open to the public for the private equity market. A private equity investment fund concept, characteristics and development process in the territory. For the outside world, introduced the process of opening up to the outside world and the status quo of China's private equity market, and I believe that foreign private equity funds involved in the domestic equity mergers and acquisitions for some time, but the private equity market in China is far failed to call it has achieved external opening. The second part is the analysis of the existing legal system of China's private equity fund. Private equity funds have not yet been included in China's legal framework within the system, but private development in the country is also a rule-based, Law, Securities Law, Partnership Enterprise Law, and some department regulations, local laws and regulations can be found in the law of private regulation of clues. Combing these systems, I analyze the defects of the existing legal system, and that the current legal system is flawed in terms of organizational form of the foreign exchange system, the tax system is not conducive to the development of the private equity fund. The third part is to improve the legal protection of private equity investment in China market opening. First proposed the idea of ??opening up the legal system to improve the private equity investment market, the mergers and acquisitions of foreign investment of PE on domestic equity firms, I believe that this is a new form of foreign capital of China, should not be strictly limited, and should not laissez-faire, but on the one hand to strengthen the regulation, on the other hand by the perfection of the system to encourage foreign PE Run shore of. On this basis, I believe that China's private equity market opening up to the outside world should be constructed as the core equity investment fund law \foreign investor merges a domestic enterprise security review system \the legal system.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Financial market
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