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近年来,房地产众筹作为一种新型融资方式应运而生。以融资开发、营销推广和投资理财三种模式为代表,其在互联网金融快速发展的背景下促进着我国房地产行业商业模式的创新,具有特殊意义。然而,其内在法律结构与非法吸收公众存款、非法发行证券等违法行为的界限不清,以及我国在相关领域的立法缺失,使得房地产众筹的合法性一直备受质疑。为了促进我国房地产众筹的健康发展,相关机构应尽快构建房地产众筹的法律体系、明确房地产众筹的主体责任、完善房地产众筹的监管体制,切实保护房地产众筹法律主体的利益。
In recent years, real estate crowdfunding has emerged as a new financing method. With financing development, marketing and investment and financing as the representative of the three models, which in the context of the rapid development of Internet finance to promote China’s real estate business model innovation, with special significance. However, the unclear boundaries between its inherent legal structure and illegally absorbing public deposits and illegal issuance of securities, as well as the lack of legislation in relevant fields in China, have made the legitimacy of real estate crowdfunding questioned. In order to promote the healthy development of China’s real estate crowdfunding, relevant agencies should establish a legal system for real estate crowdfunding as soon as possible, clarify the main responsibility of real estate crowdfunding, improve the regulatory system for real estate crowdfunding and effectively protect the interests of the real estate crowdfunding legal entities.