我国投资基金融资存在的法律问题及其完善

Rectification of the Legal Problems in Investment Fund Financing in China

资金是制约企业发展的关键性因素,特别是对于初创阶段的高新技术企业,资金短缺是普遍现象,但其融资途径却往往有限。在国外投资基金融资是许多创业企业的重要资金来源。然而,我国的投资基金融资规模极为有限,这与我国相关立法尚不完善、投资基金资金来源受限、资本市场体系尚不健全有着直接关系。我国应尽快制定投资基金法,完善相关法律制度,吸引更多的资金和人才,壮大投资基金规模,并通过完善资本市场体系解决投资基金退出问题,为创业阶段的企业提供新的融资渠道。

Fund is the critical factor affecting the development of a company and especially for a high technology company which is still in the initial stage. Inadequate fund is a common problem but there are few ways to finance the fund. In foreign countries, investment fund financing is one of the major sources of venture enterprises. But in China the scale of investment fund financing is rather limited, largely due to the incomplete legal system, limited source of investment fund and weak capital market system. Therefore, China has to design investment fund law to perfect its legal system, introduce more capital and talent to expand the scale of investment fund, and improve the market system allowing the investment fund to withdraw from the market.