论我国私募基金的规制

On the Regulation of Our Country’s Fund Raising Privately

我国存在着对私募基金进行立法的制度基础和现实需要。私募基金立法要以效率为首要价值目标,以发挥私募基金的优势。因为私募基金投资者具有自我保护能力,规范私募基金要尊重当事人的自治。我国缺乏私募基金发展的信用环境,对私募基金的发展要进行以不损害其发展优势为前提的适度监管。

The legislation of fund raising privately should put the efficiency as the first aim of value and bring the advantage of it into play. Because investors of the fund have self-protect trend, to standardize the fund should respect the parties＇ autonomy. Our country is lack of the credit environment about the development of the fund. It should be taken charged of moderately and not harm its developing advantage as precondition.