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因我国针对股权众筹的专门立法不足,使得股权众筹的法律风险,主要指形式的合法性及投资者利益保护问题甚为突出,并造成对于互联网金融信用风险规制失灵,而过分依赖股权众筹各方参与主体采取措施自行探寻规避法律风险的途径,或过度依赖行业自律,抑制竞争且加剧信息不对称。因而,应重新从股权众筹各方具体行为入手,深入剖析其法律风险,以大数据和征信体系为基础,规范融资者市场准入、明确众筹平台市场主体法律地位。
Due to the lack of specialized legislation on equity crowdfunding in our country, the legal risks of crowdfunding, the legitimacy of the main means and the protection of investors’ interests are very prominent, which has led to the failure of the regulation of Internet financial credit risk and the over-reliance on equity The parties involved should take the initiative to explore ways to evade legal risks or over-reliance on industry self-regulation to curb competition and intensify information asymmetry. Therefore, we should start from the specific behaviors of all parties involved in the equity crowdfunding, thoroughly analyze their legal risks, standardize the market access of financiers based on big data and credit information system, and clarify the legal status of market players in crowdfunding platforms.