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《证券投资基金法》的修订正在进行之中。将备受关注、对资本市场具有重大影响、长期以来身份不明的私募基金纳入其调整范围,使其合法化,已成为立法界和行业内的共识。但是,对于如何设计出适合私募基金特点、适应我国资本市场实际的监管制度,如何借鉴国际范围内私募基金最新监管趋势,如何在发挥私募基金优势和保护投资者利益之间保持平衡,是私募基金法律规制中的关键环节,也是当前基金法修改中需要重点研究和解决的问题。本文将梳理私募基金法律规制中具有争议和需要重点考虑的主要问题,结合我国市场情况和国外立法经验,予以针对性分析,以求抛砖引玉。
The Securities Investment Funds Law revision is in progress. Which will have a significant impact on the capital market. For a long time, it has become a consensus within the legislature and the industry that the unidentified private placement fund should be included in the scope of its adjustment so as to legalize it. However, how to design a suitable regulatory system for private equity funds to adapt to the actual capital market in our country, how to learn the latest regulatory trends of private equity funds in the international community, and how to balance the advantages of private equity funds with the interests of investors, The key links in legal regulation are also the problems that need to be studied and solved in the current revision of the fund law. This article will sort out the main issues that are controversial and need to be emphatically considered in the legal regulation of private placement funds. Combining with the market conditions in our country and the experience of foreign legislation, we will make targeted analysis in order to attract more people.