众筹实务与法律风险防范

The Practical Research and the Law Risks Prevention of Crowdfunding

本文所探讨的众筹是指项目发起人通过互联网平台,在网站上展示其创意或产品,向投资者筹集资金的一种融资方式,对于激发金融市场活力,推动实业经济的发展具有重大意义。然而,众筹融资进入我国不足四年时间,尚处于萌芽探索阶段,存在很多不足和缺失,企业开展众筹融资活动面临很大的风险。本文通过对比众筹与非法集资、P2P等吸收投资行为的区别,梳理我国众筹的现状及有关法律法规,以探究众筹的法律性质,为众筹实务工作人员提示众筹的法律风险与防范措施。

Crowdfunding which refers to in this article means method an initiator of some projects shows his creation or products to investors and raise money from them by the way of online platform.Crowdfunding has important implications for promoting the development of financial markets.However,Crowdfunding still has its shortcomings and remains discovering and developing for less than four years formation,so there exists lots of risks when companies carry out crowdfunding.This article comparing the difference of crowdfunding and P2 P,illegal fund-raising,expounding the status quo and relevant laws in China,who expects to remind those stuffs devoted themselves to crowdfunding law risks and provide them some precautionary measure,and explore the legal nature of crowdfunding incidentally.