债权式众筹的法律风险及规制

Legal risk and regulation of debt based crowd-funding

随着互联网金融的蓬勃发展,众筹行业为解决中小企业融资难的问题提供了全新的思路,也为民众提供了多元化的投资渠道。债权式众筹在我国现行法律框架下不仅没有具体法律加以规范,而且还与现行法律的规定存在一定的冲突,导致投资者面临着信息不对称、合同欺诈、资金安全、缺乏平台管理等法律风险,笔者从众筹的概念特征等基本理论入手,重点分析债权式众筹在我国发展中所面临的法律风险,提出一些规范债权式众筹发展的建议。

With the vigorous development of internet banking, crowd-funding industry provides a new way to solve the financing problem for small and medium enterprises, but also provides people with a diversified investment channels. Crowd-funding in our country does not have specifically regulated laws, but also exists some conflicts with the existing laws and regulations, leading to legal risks faced by investors, such as asymmetric information, contract fraud, the safety of funds, lack of management platform, the author from the concept and character of the basic theory, focuses on the analysis of legal risks of debt based crowd-funding, and puts forward some suggestions.