【正文】
The conclusionFrom the point of view of foreign experience, because of the existence of the developed creative industry,the effective protection from the legal norms,the strong personalized consumption demand,the perfect credit system and so many other favorable factors, the crowdfunding financing mode is widely accepted and has a very good the point of view of the present situation in our country, due to the lack of the legal regulation to this emerging industry crowdfunding,the lack of innovation ability,and the lack of the establishment of the credit system, the crowdfunding financing mode still need a longer time of operation to build mercial looking for the identity of the values is a rigid demand, the crowdfunding financing mode must be generally recognized by the industry and break out the immense energy, so as to inject the positive factors into the development of China39。從我國現(xiàn)狀來看,由于缺乏對眾籌這一新興行業(yè)的法律規(guī)制、創(chuàng)新能力不足、誠信體系尚未建立等原因,眾籌融資模式仍需要較長時間的運營來構建商業(yè)氛圍。We should establish the system of information disclosure,which provides that the incentive crowdfunding platform would have to disclose the information of the products according to a certain format to make a promise on the product quality, the delivery period,and the using of capital,to timely update the progress of production, the situation of the use of funds ,the information of logistics changes, and to make risk warning to consumers bining with the production equity crowdfunding platforms need to disclose the financing scope of the project, the investment risks,and the qualification requirements of investor, and need to publish the total amount of the financing of the project,the changes in the status of the shareholders and the pany39。兩類眾籌平臺自身需要定期披露經(jīng)審計的財務報告,明確說明投資者風險、業(yè)務流程、各參與機構的關聯(lián)關系等,以增加行業(yè)透明度,保護投資者利益。(e)Differentiate between different types of crowdfunding financing,and set reasonable industry standards of industry access and investing qualifications.For the characteristics of great risk and high level of specialization of the equity pattern crowdfunding,we should make strict constraints for the qualifications of the equity crowdfunding platforms and the sponsors,and set the financing ceiling and the risk prevention should divide the equity crowdfunding investors into qualified investors and ordinary investors according to the level of professional ability and the ability to withstand qualified investors need to reach a certain size of the assets and a certain level of the riskresist is no limitation of the investment ceiling for there is an investment ceiling set for the ordinary investors to prevent their blind investment which beyond their ability to the incentive crowdfunding,because of its small amount, low risk,the characteristic of more reflecting the civilianization feature of crowdfunding, and the factor that the majority of supporters unconditionally support it out of interest and love,We can appropriately reduce the project access qualifications and the regulatory requirements.(七)建立信息披露及風險評級制度,保護投資者利益(f)establish the system of information disclosure and risk rating to protect the interests of investors建立信息披露制度,規(guī)定獎勵類平臺必須按一定格式披露產(chǎn)品信息,對產(chǎn)品質量、發(fā)貨期限、資金投向做出承諾,及時更新產(chǎn)品生產(chǎn)進度、資金使用狀況、物流變動信息,并結合生產(chǎn)實際對消費者做出風險提示。合格投資人需達到一定的資產(chǎn)規(guī)模和風險承受能力,對其沒有投資上限的限制;對普通投資者設置投資額度上限,防止盲目投資,超出其承受能力。(e) set the industry rules and the bottom line, and guide the healthy development of the industryWe should make clear provisions of the rules and procedures of should define the difference between the crowdfunding financing and the P2P network will classify the network financing involving monetary rewards and debtorcreditor relationship into the range of P2P network credit to prevent the crowdfunding financing stampeding the red line of illegal fund should make regulatory rules actively for the equity pattern crowdfunding,and limit the amount of financing, the maximum number of investors,the financing mode and other indicators to define the difference between the issue of securities and crowdfunding,so as to prevent them from being illegal securities we should pay close attention to the operating range of the crowdfunding platform to beware of the selfemployed development of the crowdfunding platform and the illegal absorption of investors’ funds.(六)區(qū)別對待不同類型的眾籌融資風險,合理設定行業(yè)準入與投資資質針對股權眾籌融資風險大、專業(yè)性強等特點,需對股權眾籌平臺和眾籌發(fā)起人資質做出嚴格約束,對融資上限和風險防范措施做出規(guī)定。s Bank is responsible for the coordination and should strengthen and unify the supervisions from various aspects to reduce the regulatory costs,improve regulatory efficiency, and avoid regulatory duplication.(五)設置行業(yè)規(guī)則與底線,引導行業(yè)健康發(fā)展對眾籌規(guī)則和流程做出明確規(guī)定,界定眾籌融資與P2P 網(wǎng)絡借貸的區(qū)別,將涉及到貨幣回報、債權債務關系的網(wǎng)絡融資統(tǒng)一劃入P2P網(wǎng)貸范圍,防止眾籌融資踩踏非法集資紅線。(d) define the regulatory bodies and coordinate the division of laborWe should avoiding overlapping and blind people39。s ability to resist addition,the risk sharing also can enhance the antirisk ability of receptors,in which the risk will be distributed to financier,platforms,and investors according to the proportion of return, thereby reducing the intensity of individual risk and enhancing the ability of receptor to resist risk.(四)明確監(jiān)管主體和分工協(xié)調避免監(jiān)管重疊和盲區(qū),由人民銀行牽頭負責對各類互聯(lián)網(wǎng)金融產(chǎn)品的監(jiān)管頂層設計和發(fā)展規(guī)劃,由證監(jiān)會負責股權眾籌模式的監(jiān)管,保監(jiān)會負責涉及投資連結險的監(jiān)管,由工信部負責對眾籌網(wǎng)站資格的備案、由公安部負責網(wǎng)絡詐騙與非法集資監(jiān)管等。另外,風險共擔也可以增強受體的抗風險能力,將風險按收益比例分散到融資人、平臺和投資人之間,減輕個體承受風險的強度,增強受體的抵抗能力。The key of here is to improve the relevant laws and regulations and system carriers,to control the corresponding carriers of behavior and information, and to manage the corresponding financial these carriers no longer carrying the foreseeable risks will make the implementation of relevant laws and regulations and systems, the spread of information, the use of funds more secure and the control of the risk of the crowdfunding, the control of the carrier’s risk is very mainly includes:to perfect the relevant laws and pol