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私人股权投资也称作私募股权投资或私募基金,英文名称为Private Fund。与之相对应的概念便是公募基金,英文名称为Public Fund。私人股权投资与公募基金的区别主要为投资资金的募集方式和募集对象,私人股权投资的资金主要通过采取私下或面向特定投资人群等非公开方式和特定投资对象募集投资资金。私人股权投资是一个非常宽泛的概念,从字面及英文名称中仅能得知私人股权投资的资金募集方式和募集对象。对于私人股权投资的概念,学界至今未出现统一的界定,同时随着时间的推移,经济的发展进步及投资工具和渠道的多元化发展,私人股权投资的内涵和外延也在不断发生变化。我国私人股权投资的法律制度尚未建立,对私人股权投资的规制散见于公司法、合伙企业法、合同法及证监会发布的相关规章和行业制度之中。文章利用参考文献法、对比分析法等方法,介绍了私人股权投资的概念、特点、种类,在分析我国私人股权投资发展现状的基础上发现其存在的问题,最后提出相应的完善措施。
Private equity investments, also known as private equity or private equity funds, have the English name Private Fund. The corresponding concept is raised funds, the English name for the Public Fund. The main difference between private equity investment and public offering fund is the way of raising investment funds and the object of private offering. The funds of private equity investment are mainly used for raising investment funds by adopting non-public means and specific investment objects such as privately or for specific investment crowd. Private equity investment is a very broad concept. Only capital and English names of private equity investment can be used to know how to raise funds and how to raise funds. As for the concept of private equity investment, there is no unified definition of private equity so far. Meanwhile, with the development of economy and the diversified development of investment tools and channels over time, the connotation and denotation of private equity investment are constantly changing. The legal system of private equity investment in our country has not yet been established. The regulations on private equity investment are scattered in the Company Law, the Partnership Law, the Contract Law and the relevant rules and regulations promulgated by the CSRC. This paper introduces the concept, characteristics and types of private equity investment by using the methods of reference and comparative analysis. Based on the analysis of the current situation of private equity investment in our country, the paper finds its existing problems and finally puts forward some corresponding improvement measures.