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随着我国经济的日益发展,公募证券投资基金正广泛吸引着社会公众的投资热情,而相对于公募基金的私募基金也开始大量出现并迅猛发展。但由于私募基金相关法律制度的缺位,导致其一直游荡在法律边缘的灰色地带,由此而引发的许多问题和争议无法解决。我国应尽快建立一套行之有效的私募基金法律制度,以弥补法律规定之不足,满足巨大的社会需求,增强我国基金行业的国际竞争力。可喜的是,2007年6月1日正式生效的《合伙企业法》,为私募基金的发展提供了一个全新的法律平台,为成立国际流行的有限合伙型私募基金扫清
With the continuous development of economy in our country, public offering securities investment funds are attracting public investment enthusiasm broadly, while the private equity funds relative to public offering funds also begin to appear in large numbers and develop rapidly. However, due to the absence of the relevant legal system of private equity funds, many problems and disputes caused by it have been wandering in the gray area at the edge of the law and can not be solved. As soon as possible, our country should establish an effective legal system for private placement funds so as to make up for the deficiencies in laws and regulations, meet the huge social needs and enhance the international competitiveness of China’s fund industry. The good news is that the “Partnership Enterprise Law”, which took effect on June 1, 2007, provided a completely new legal platform for the development of private equity funds and cleared up the establishment of an international limited partnership private equity fund