我国当前确立了私募股权基金和管理人在基金业协会备案登记的制度,这是放松行政事前审查和推行行业自律管理的标志,也为股票发行注册制改革和民间金融如股权众筹备案制的构建提供了借鉴。基金业协会的备案登记得到了法律和部门规章的授权,属于行政确认行为;之前在发改委进行的备案制度也并不构成行政许可。为了推动私募股权基金自律管理制度的实施,在《证券法》修改的背景下,需要将私募股权基金等纳入到“证券”的定义范围,同时在放权给行业协会的同时,加强协会的独立性,发挥市场的主导性,结合我国国情,做到自律管理与行政监管有效配合并形成有益的补充关系。 At present, China has established a system for recording and registering private equity funds and managers in the fund industry associations. This is a sign of relaxing the review and promotion of industry self-regulation by the administrative authorities and the reform of the registration system for stock issuance as well as for the preparation of filing of mass public finance for private finance Building provides a reference. The filing registration of the fund industry association has been authorized by laws and departmental rules and belongs to the administrative confirmation act. Previously, the filing system conducted by the NDRC did not constitute an administrative license. In order to promote the implementation of the self-management system of private equity funds, under the background of the revision of the Securities Law, private equity funds need to be included in the definition of “securities”, and at the same time the delegation of power to trade associations should be strengthened Independence and giving full play to the leading role of the market. Combining with the actual conditions of our country, we should cooperate effectively with the administrative supervision and form a useful complementary relationship.